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193 Ga. App. 640

Oami v. Delk Interchange, Ltd.

Court of Appeals of Georgia

Decided November 1, 1989

Court of Appeals of Georgia · decided 1989-11-01

Cited by 4 later decisions — most recently July 2016

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-11-01

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Sognier, Judge,

¶1dissenting.

¶2I concur fully and specially with Presiding Judge McMurray’s dissent. The monthly rental is $1,250. If this amount is 30 days late, at the rate of $10 per day, $300 will accrue. This is a service charge of 24 percent per month or 288 percent per year, all in addition to the 18 percent per annum interest charge on late payments. I find it difficult to decide on summary judgment that this is a proper liquidated damage rather than a penalty.

¶3I am authorized to state that Presiding Judge Banke and Judge Benham join in this dissent.

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