Mejia v. Citizens & S. Bank, 332 S.E.2d 170 (Ga. Ct. App. 1985). · Go Syfert
Mejia v. Citizens & S. Bank, 332 S.E.2d 170 (Ga. Ct. App. 1985). Cases Citing This Book View Copy Cite
67 citation events (9 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Bushay (gand, 2014-08-05)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 16 distinct citers.
cited Cited as authority (rule) United States v. Bushay
N.D. Ga. · 2014 · confidence medium
Mejia v. Citizens & S. Bank, 175 Ga.App. 80 , 332 S.E.2d 170, 172 (1985).
discussed Cited as authority (rule) Aniebue v. Jaguar Credit Corp.
Ga. Ct. App. · 2011 · confidence medium
If the lease is not a security transaction the notice provisions are inapplicable, and the [post-surrender] sale was properly conducted.” (Citation and punctuation omitted.) Mejia v. C & S Bank, 175 Ga. App. 80, 81 ( 332 SE2d 170 ) (1985).
cited Cited as authority (rule) Coleman v. Daimlerchrysler Services of North America, LLC
Ga. Ct. App. · 2005 · confidence medium
Mejia v. C & S Bank, 175 Ga. App. 80, 81-82 ( 332 SE2d 170 ) (1985).
cited Cited as authority (rule) Summerhill Neighborhood Development Corp. v. Telerent Leasing Corp.
Ga. Ct. App. · 2000 · confidence medium
See Carter v. Tokai Financial Svcs., 231 Ga. App. 755, 757 ( 500 SE2d 638 ) (1998); Mejia v. C & S Bank, 175 Ga. App. 80, 82 ( 332 SE2d 170 ) (1985).
discussed Cited as authority (rule) In Re Winston
Bankr. N.D. Ala. · 1995 · confidence medium
Used Car Guide” was not "nominal consideration" for 1992 Dodge Dakota truck); In re Zaleha, 159 B.R. 581, 586 (Bankr.D.Idaho 1993) (where lease was of 1991 Toyota 4WD Deluxe ExtraCab pick up truck for 60 months at $323 per month, purchase option price of $5,390 was not "nominal consideration” where average retail value of vehicle at end of lease term was $8,275); In re Lerch, 147 B.R. 455, 458 (Bankr.C.D.Ill.1992) (purchase option price of $2,679 for 1989 Ford Escort at end of 48 month lease was not "nominal consideration" where price represented 26% of the total rental due under the lease…
discussed Cited as authority (rule) Historic MacOn Station Ltd. Partnership v. Piedmont-Forrest Corp. (In Re Historic MacOn Station Ltd. Partnership)
Bankr. M.D. Ga. · 1993 · confidence medium
Bill Swad Leasing Co. v. Stikes (In re Tillery), 571 F.2d 1861 , 1364-65 (5th Cir.1978); Mejia v. Citizens & Southern Bank, 175 Ga.App. 80, 81 , 332 S.E.2d 170, 172 (1985); Ford Motor Credit Co. v. Dowdy, 159 Ga.App. 666, 667 , 284 S.E.2d 679, 680 (1981), overruled on other grounds, 191 Ga.App. 121 , 381 S.E.2d 94, 96 (1989), cert. denied.
discussed Cited as authority (rule) Alpiser v. Eagle Pontiac-GMC-Isuzu, Inc.
N.C. Ct. App. · 1990 · confidence medium
It also found that the “best test” to determine the agreement’s purpose and the parties’ intent is “a comparison of the option price with the market value of the equipment at the time the option is to be exercised.” Id., quoting Mejia v. C. & S. Bank, 175 Ga. App. 80, 82 , 332 S.E.2d 170, 172 (1985).
discussed Cited as authority (rule) National Traveler, Inc. v. PACCOM Leasing Corp. (In Re National Traveler, Inc.)
Bankr. M.D. Ga. · 1990 · confidence medium
Bill Swad Leasing Co. v. Stikes (In re Tillery), 571 F.2d 1361, 1364-65 (5th Cir.1978); Mejia v. Citizens & Southern Bank, 175 Ga.App. 80, 81 , 332 S.E.2d 170, 172 (1985); Ford Motor Credit Co. v. Dowdy, 159 Ga.App. *621 666, 667, 284 S.E.2d 679, 680 (1981), overruled on other grounds, 191 Ga.App. 121 , 381 S.E.2d 94, 96 (1989), cert. denied.
cited Cited as authority (rule) First National Bank v. Strother Ford, Inc.
Ga. Ct. App. · 1988 · confidence medium
Woods, supra at 58 ; Mejia v. C & S Bank, 175 Ga. App. 80, 81 ( 332 SE2d 170 ).
discussed Cited as authority (rule) Third Century, Inc. v. Morgan
Ga. Ct. App. · 1988 · confidence medium
Unless the lease is a “disguised secured transaction,” (Mejia v. C & S Bank, 175 Ga. App. 80, 81 ( 332 SE2d 170 ) (1985)), thus bringing the provisions of Article 9 of the Uniform Commercial Code into play, the parties’ conduct is governed by the terms of the lease.
cited Cited as authority (rule) Woods v. General Electric Credit Auto Lease, Inc.
Ga. Ct. App. · 1988 · confidence medium
Mejia v. C & S Bank, 175 Ga. App. 80, 81 ( 332 SE2d 170 ).
cited Cited as authority (rule) Melton v. J. M. Kenith Co.
Ga. Ct. App. · 1987 · confidence medium
“Any determination of whether consideration is ‘nominal’ must be made on a case by case basis. . . .” Mejia v. C & S Bank, 175 Ga. App. 80, 82 ( 332 SE2d 170 ).
examined Cited as authority (rule) Consumer Lease Network, Inc. v. Puckett (In Re Puckett) (3×) also: Cited "see, e.g."
Bankr. M.D. Tenn. · 1986 · confidence medium
No. 381-0300, slip op. at 5; Brookside Drug, 3 B.R. at 122; Chuck Hutton Leasing, Shelby Law No. 57, slip op. at 1; but see U.S. Fidelity, 568 S.W.2d at 821 (held on other grounds that the agreement was a true lease); Mejia, 332 S.E.2d at 170 (same); and cf. Fruehauf, 18 B.R. at 583 (same). 6.
discussed Cited "see" Lewis v. Lease Atlanta, Inc. (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
OCGA § 11-1-201 (37); see Mejia v. C & S Bank, 175 Ga. App. 80, 81-82 ( 332 SE2d 170 ) (1985).
discussed Cited "see" Carter v. Tokai Financial Services, Inc. (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
See Mejia v. C & S Bank, 175 Ga. App. 80, 82 ( 332 SE2d 170 ) (1985); Tompkins v. Mayers, 209 Ga. App. 809, 811 (2) ( 434 SE2d 798 ) (1993). 2.
examined Cited "see" Mark Singleton Buick, Inc. v. Taylor (4×)
Ga. Ct. App. · 1990 · signal: see · confidence high
See Mejia v. C & S Bank, 175 Ga. App. 80 ( 332 SE2d 170 ) (1985); Mays v. C & S Nat.
Mejia
v.
Citizens & Southern Bank
70212.
Court of Appeals of Georgia.
Jun 7, 1985.
332 S.E.2d 170
Alan Mullinax, for appellant., Kathy L. Kushner, for appellee.
Carley, Birdsong, Sognier.
Cited by 24 opinions  |  Published
Carley, Judge.

Appellant entered into a “motor vehicle lease” agreement with Cumberland V.W., Inc. as the lessor. The lessor then assigned the contract and the vehicle to appellee. Subsequently, appellant returned the vehicle and defaulted on the payments. Appellee sold the automobile at a private sale, and filed a complaint against appellant seeking those damages for the breach of the agreement as were speci[*81] fied therein, plus interest and attorney fees. Following discovery, both parties filed motions for summary judgment. The trial court granted summary judgment in favor of appellee and against appellant.

The sole issue for resolution on appeal is whether the provisions of the Uniform Commercial Code, in particular OCGA § 11-9-504 (3) which requires notice to a defaulting buyer of his right to demand a public sale of the vehicle, are applicable to this “motor vehicle lease” agreement. See OCGA § 10-1-36. “This . . . depends on whether the contract denominated a lease by the parties is a true lease or is a disguised secured transaction. If the lease is not a security transaction the notice provisions are inapplicable, and the [post-default] sale was properly conducted.” Ford Motor Credit Co. v. Dowdy, 159 Ga. App. 666 (284 SE2d 679) (1981).

The terms of the lease agreement in the instant case required appellant to make 48 monthly payments of $234.38, and to provide the lessor with a refundable security deposit. The contract provided that upon the termination of the lease, the lessee was required to return the vehicle. Appellant had the option to purchase the vehicle at the scheduled expiration of the lease, however, by paying appellee the “residual value” of the vehicle. The residual value was defined in the agreement as the “estimated wholesale value of the vehicle at the end of the term of the lease,” and was specified in the lease as $4,400. Appellant was required to maintain insurance on the vehicle, and to pay all taxes and license and inspection fees.

With regard to whether the instant agreement evinces a true lease or a disguised secured transaction, we are cited to OCGA § 11-1-201 (37). That statute provides, in pertinent part, that “[w]hether a lease is intended as security is to be determined by the facts of each case; however, (a) the inclusion of an option to purchase does not of itself make the lease one intended for security, and (b) an agreement that upon complaince with the terms of the lease, the lessee shall become or has the option to become the owner of^the property for no additional consideration or for a nominal consideration does make the lease one intended for security.” In addition, it is clear that the denomination of an agreement as a lease is not determinative. “ ‘In determining the real character of a contract, courts will always look to its purpose, rather than the name given it lay the parties.’ [Cit.]” Redfern Meats v. Hertz Corp., 134 Ga. App. 381, 391 (215 SE2d 10) (1975).

The lease agreement in the instant case contains several provisions which are more common to security agreements than to true leases. For example, “default” is defined as not only the lessee’s failure to pay any monthly payment or to maintain insurance, but also as an event occurring when the original lessor or its assignee “reasonably deems itself insecure or its prospects for payment under [the] lease[*82] impaired.” See Citizens & Southern Equip. Leasing v. Atlanta Fed. Savings &c. Assn., 144 Ga. App. 800, 807 (243 SE2d 243) (1978). Additionally, the burden of repairs, taxes, and insurance is placed upon the lessee. Mays v. C & S Nat. Bank, 132 Ga. App. 602, 607 (3) (208 SE2d 614) (1974), overruled on other grounds, Mock v. Canterbury Realty Co., 152 Ga. App. 872, 879 (264 SE2d 489) (1980).

Decided June 7, 1985. Alan Mullinax, for appellant.

However, regardless of other provisions indicative of a security agreement, it is commonly held that “the best test” for determining the intent of an agreement which provides for an option to buy, “ ‘is a comparison of the option price with the market value of the equipment at the time the option is to be exercised. Such a comparison shows whether the lessee is paying actual value or acquiring the property at a substantially lower price.’ ” Ford Motor Credit Co. v. Dowdy, supra at 667. As noted above, if, upon compliance with the terms of the “lease,” the lessee has the option to become the owner of the property for no additional or for a nominal consideration, the lease is deemed to be intended for security. See OCGA § 11-1-201 (37). In the instant case, the option purchase price was the estimated wholesale value of the vehicle at the end of the term of the lease. Any determination of whether consideration is “nominal” must be made on a case by case basis, and is, at best, difficult. However, we find that in the present case, the terms of the lease required payment of more than a “nominal” price to exercise the option to purchase the vehicle, thus indicating that the agreement was a true lease. See Rollins Communications v. Ga. Institute, Real Estate, 140 Ga. App. 448, 450 (231 SE2d 397) (1976).

Another important factor present in the agreement and generally indicative of a true lease is the fact that the original lessor was apparently in the automobile rental business. Compare Citizens & Southern Equip. Leasing v. Atlanta Fed. Savings &c. Assn., supra at 806. Also, the lessor did not require a financing statement, which is often held to signify a security transaction. See generally Rollins Communications v. Ga. Institute, Real Estate, supra at 450.

Based upon the foregoing, we find that the lease agreement entered into by the parties was intended to be a true lease and not to evince a secured transaction. Accordingly, the appellee was not required to comply with the provisions of OCGA §§ 11-9-504 (3) and 10-1-36, and the trial court did not err in granting summary judgment in favor of appellee and against appellant.

Judgment affirmed.

Birdsong, P. J., and Sognier, J., concur. [*83] Kathy L. Kushner, for appellee.