Summary
The Supreme Court of Georgia affirmed a judgment cancelling a deed that transferred a veterans' organization’s property to a corporation formed by two of the organization's officers. The court held that the organization’s governing manual was properly admitted, the limited evidence concerning the officers’ membership terminations was properly handled, the jury instruction was supported by the evidence and unpreserved for appeal, and sufficient evidence supported the fraud verdict and denial of a directed verdict.
Topics
Practice areas
Questions Presented
- Whether the trial court abused its discretion by admitting the VFW Manual into evidence as relevant and not unduly prejudicial.
- Whether the trial court abused its discretion by allowing limited evidence that two defendants' VFW memberships had been terminated.
- Whether the defendants could challenge on appeal an unobjected-to jury charge concerning conflicting interests in property and confidential relationships.
- Whether the evidence supported the jury's verdict so as to require denial of the defendants' motion for directed verdict.
Holdings
- The trial court did not abuse its discretion by admitting the VFW Manual because it governed the officers' authority and was relevant to the validity of the challenged property transfer; any harm to the defendants resulted from the evidence's probative value rather than undue prejudice.
- The trial court did not abuse its discretion by permitting limited inquiry into whether two defendants' VFW memberships had been terminated while excluding evidence of their courts-martial and the reasons for the terminations.
- The defendants could not challenge the jury charge on appeal because they failed to object when the charge was given.
- The trial court properly denied the defendants' motion for directed verdict because the record contained evidence of misrepresentations sufficient to support the jury's verdict.
Key quotations
“while it may have harmed the DOWA Parties' case, that was due to its probative value, not any undue prejudice.” (470)
“If there was any evidence to support the jury's verdict, the denial of a motion for directed verdict must be affirmed.” (471)
Factual background
Stanford Ellington Post 6647 owned land and a clubhouse in Upson County, Georgia. In late 2001, two of its officers and trustees purchased the property for $70,000 through DOWA Enterprises, a corporation formed for that purpose, although the post had previously valued the property and associated personal property at $350,000 and had not advertised it for sale. One officer signed a closing document falsely certifying that the transfer complied with the VFW's governing manual. After the VFW State Office learned of the sale, the post sued to cancel the deed and quiet title, and a jury found fraud by the defendants.
Procedural history
Stanford Ellington Post 6647 sued DOWA Enterprises, the estate of Don Ziegler, Wayne Brasiel, and William G. Howell to cancel a 2001 deed and quiet title to the post's property. A jury found fraud by the defendants. The trial court entered judgment on August 29, 2008, cancelling the deed and transferring title back to the post, and denied the defendants' motion for new trial on October 23, 2008. The Supreme Court of Georgia affirmed.