Narrative Opinion Summary
BRG Collections, LLC filed an application for interlocutory appeal following a final order by the trial court that vested fee simple title of a property in BRG Collections from Kozy Construction, LLC. The property had previously been subject to a writ of Fiera Facias issued by the Fulton County Tax Commissioner due to unpaid ad valorem property taxes after Skatt Investments, LLC purchased it at a tax sale. Kozy Construction's motion to set aside the trial court's order was denied, but a subsequent motion for reconsideration was granted by the trial court, which then certified its order for immediate review. However, the Court of Appeals determined it lacked jurisdiction over the appeal, as the Supreme Court holds original appellate jurisdiction in cases involving title to land, per the Georgia Constitution. The application was therefore transferred to the Supreme Court for further disposition.
Legal Issues Addressed
Interlocutory Appeals in Property Title Casessubscribe to see similar legal issues
Application: The trial court's final order vested fee simple title in BRG Collections, LLC, which led to an application for interlocutory appeal by the appellant.
Reasoning: BRG Collections, LLC filed an application for interlocutory appeal following a final order by the trial court that vested fee simple title of a property in BRG Collections from Kozy Construction, LLC.
Jurisdiction Over Title to Land Appealssubscribe to see similar legal issues
Application: The Court of Appeals determined it lacked jurisdiction over appeals concerning title to land, transferring the case to the Supreme Court, which holds original appellate jurisdiction in such matters.
Reasoning: However, the Court of Appeals determined it lacked jurisdiction over the appeal, as the Supreme Court holds original appellate jurisdiction in cases involving title to land, per the Georgia Constitution.
Reconsideration of Trial Court Orderssubscribe to see similar legal issues
Application: Although Kozy Construction's motion to set aside the order was initially denied, the subsequent motion for reconsideration was granted, allowing for immediate review certification.
Reasoning: Kozy Construction's motion to set aside the trial court's order was denied, but a subsequent motion for reconsideration was granted by the trial court, which then certified its order for immediate review.