Appeal Order and Judgment
FB Management, LLC, d/b/a Daphne B. Mason, Plaintiff
Stanace Smith, Defendant
Case Action No. 13ED 023480
August 6, 2013
Notice is hereby given that Stanace T. Smith, Defendant, being dissatisfied with the Order and Judgment rendered in the Magistrate Court of Fulton County by Judge James Altman on the 30th day of July, 2013, and the State Court of Fulton County having jurisdiction, it is hereby requested that this case be sent to this court on appeal.
I, Stanace Smith, Defendant, understand The Court of Appeals will not consider new evidence. However, I would like for The Court of Appeals to determine if it will consider whether excluded evidence should have been admitted and vice-versa in the ORDER AND JUDGMENT. The excluded evidence presented in court is:
1. Plaintiffs false allegation against Defendant of 1) Apt. leased to 1 adult & 1 child, there are an additional 4 adults & 2 children living at the apt. In fact as evidenced in court, Defendants application was approved for 3 adults & 1 child.
2. Plaintiffs false allegation against Defendant of 2) 3 additional parking spaces being used, lease only allows 2 spaces. In fact as evidenced in court per the Lease Agreement #24. RULES AND REGULATIONS: (e) Parking: It DOES NOT indicate anything about assigned parking spaces.
3. Defendant’s COUNTERCLAIM is not taken into account in the ORDER AND JUDGMENT per the Defendant’s ANSWER filed on the 16th day of July, 2013 in the Dispossessory Division.
4. Defendant also presented proof of paying by Money Order receipt a $500 Deposit which Plaintiff falsely wrote was not paid.
5. Defendant’s printed calculation of how monies were paid to cover monthly rental agreement amount to cover rent up to August 1, 2013.
6. Defendant leased apt #2 under Lease entry 9. Disclosure: Frances Blankenship, whose address is Atlanta, Georgia, is authorized to manage premises. Owner or Agent for services is SAME. She is deceased & FB Management, LLC. (formed 7/2013 by Daphne B. Mason) is not affiliated with her company FB Peachtree Properties, LLC.
7. Plaintiff leased Apt #2 to Defendant withholding fact that property is probated to Executor C. E. Rains who advised Defendant that it is in the best interest that tenants find another placed to live because the IRS, GA, Local & Property tax collectors will be seizing the building to collect on delinquent taxes. Thus a reason for COUNTERCLAIM.
8. Defendant is disabled & receives monthly disability payments which do not afford ORDER AND JUDGMENT amounts of $1,050 monthly & $3,230 paid into registry by 8/20/2013 to avoid eviction of Defendant & her daughters.