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Garvin v. Secretary of State

Court of Appeals of Georgia
Mar 21, 2005
614 S.E.2d 93 (Ga. Ct. App. 2005)

Opinion

A03A2145.

DECIDED MARCH 21, 2005. RECONSIDERATION DENIED APRIL 15, 2005.

Sale of unregistered securities. Fulton Superior Court. Before Judge Long, Senior Judge.

Browning Smith, George T. Smith, for appellant.

Thurbert E. Baker, Attorney General, William W. Banks, Jr., John B. Ballard, Jr., Assistant Attorneys General, Robin A. Golivesky, for appellee.

Divine, Finney Dorough, Fred T. Finney, amicus curiae.


In Garvin v. Secretary of State, 266 Ga. App. 66 ( 596 SE2d 166) (2004), we affirmed the portion of the superior court's judgment finding that Garvin violated the Georgia Securities Act of 1973 (the Act) (OCGA § 10-5-1 et seq.) by selling securities without registering the securities and without registering as a dealer or a salesperson authorized to sell the securities. But we reversed the portion of the superior court's judgment finding that Garvin was subject to an $8,400 civil penalty as an administrative sanction for a wilful violation of the Act. In Cox v. Garvin, 278 Ga. 903 ( 607 SE2d 549) (2005), the Supreme Court reversed the portion of our decision reversing the superior court. Accordingly, the portion of our decision reversed by the Supreme Court is vacated; the judgment of the Supreme Court is made the judgment of this court; and the judgment of the superior court is affirmed.

Judgment affirmed. Barnes and Adams, JJ., concur.


DECIDED MARCH 21, 2005 — RECONSIDERATION DENIED APRIL 15, 2005 — CERT. APPLIED FOR.


Summaries of

Garvin v. Secretary of State

Court of Appeals of Georgia
Mar 21, 2005
614 S.E.2d 93 (Ga. Ct. App. 2005)
Case details for

Garvin v. Secretary of State

Case Details

Full title:GARVIN v. SECRETARY OF STATE

Court:Court of Appeals of Georgia

Date published: Mar 21, 2005

Citations

614 S.E.2d 93 (Ga. Ct. App. 2005)
614 S.E.2d 93