SmartBrief
Confirm favorite deletion?
Secured Transactions Keyed to Lopucki
The Four County Bank v. Tidewater Equipment Co.
Citation:
771 S.E.2d 437 (Ga. Ct. App. 2015)Facts
In June 2003 and November 2005, the Four County Bank provided financing for the purchase of two different pieces of foresting equipment by Shepherd Brothers Timber Company, LLC. The Bank perfected its security interests in both pieces by filing financing statements. While the Bank’s original financing statements were still effective, Shepherd sold both pieces to appellee Tidewater Equipment Company. The Bank then filed a purchase money financing statement as to Shepherd’s 2003 Tigercat Cutter on June 5, 2003 and a purchase money financing statement as to Shepherd’s 2005 Tigercat Skidder. Tidewater resold the used Cutter and Skidder to a third party. In September 2012, the Bank sued Tidewater for trover and conversion.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Outline
PerfectionTopic Refresher Course
Trespass to Chattels and ConversionTopic Charts & Notes
Remedies