Nigri v. Lotz (1995)
Citation: 216 Ga. App. 204, 453 S.E.2d 780 · Court: Court of Appeals of Georgia · Decided: February 1, 1995 · Opinion: Andrews, J.
Source note (2026-10-18):
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https://static.case.law/ga-app/216/cases/0204-01.jsonare an (unofficial Caselaw Access Project copy, retrieved before 2026-10-18; host disallows automated access); no official or otherwise permitted full-text copy was located on 2026-10-18.
Facts
Nigri held a judgment of USD 469,014.13 against Lotz and sought charging orders against Lotz’s interests in two limited partnerships. He also asked the court to value and transfer those interests immediately to him in partial satisfaction. The court granted the charge but refused the requested transfer.
Holding
Affirmed. Under O.C.G.A. § 14-9A-52, the court had discretion to order foreclosure and a judicial sale in aid of a charging order. Nigri had not requested that remedy; he was not entitled to the immediate appraised transfer he sought. A purchaser at such a sale obtains the partner’s financial interest, not automatic status as a substituted limited partner.
Reasoning
The broad authority to appoint a receiver and make necessary supplementary orders under chapter 14-9A permitted judicial foreclosure. The court distinguished the general-partnership execution-sale prohibition in § 14-8-28(b), explaining why it did not bar the remedy under the limited-partnership chapter before it. A charge diverts distributions without conveying specific partnership property. The court expressly declined to decide unraised priorities among creditors.
Practical impact
Identify the entity’s governing chapter and the precise remedy ordered before assuming a judgment creditor can sell an equity interest. This decision is about chapter 14-9A; it does not itself resolve foreclosure under chapter 14-9’s § 14-9-703 or Georgia’s LLC foreclosure restriction. See georgia, equity-interests-stock-llc-charging-orders.
Good-law status
needs_verification. Full opinion and footnotes were downloaded and read on 2026-10-17 from the unofficial CAP reproduction. No complete later-treatment review was established.
Legal information, not legal advice. Verify current authority before relying on this summary.