Myers v. NORTH GA. TITLE & TAX FREE EXCH.

Decision Date09 December 1999
Docket NumberNo. A99A1944.,A99A1944.
Citation241 Ga. App. 379,527 S.E.2d 212
CourtGeorgia Court of Appeals
PartiesMYERS v. NORTH GEORGIA TITLE & TAX FREE EXCHANGE, LLC.

OPINION TEXT STARTS HERE

James I. Myers, pro se.

Chandler & Britt, Buford, Luther H. Beck, Jr., Toccoa, for appellee. ELLINGTON, Judge.

James I. Myers, pro se, appeals from the trial court's order granting North Georgia Title & Tax Free Exchange, LLC ("North Georgia") summary judgment. Myers was ejected from his home following a dispossessory proceeding in magistrate court brought by North Georgia after it acquired a quitclaim deed to Myers' property following an Internal Revenue Service (IRS) tax sale. Myers' appeal to the superior court was dismissed. Myers then filed the instant action, seeking to litigate whether North Georgia had valid title to the property. North Georgia filed a motion to dismiss on res judicata grounds, which the court treated as a motion for summary judgment and granted. Because Myers did not have the opportunity in the prior suit to litigate the title issues he now raises, the doctrine of res judicata does not apply. Consequently, we must reverse the grant of summary judgment.

1. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56(c). Our review is de novo, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp., 226 Ga.App. 459(1), 486 S.E.2d 684 (1997). Viewed in this light, the record reveals that as a result of Myers' failure to pay income tax, the IRS placed liens against his home at 1328 Buford Highway. On January 30, 1997, the IRS seized the property. North Georgia bought the property for $146,000 at an auction held on April 8, 1997. The IRS issued North Georgia a certificate of sale on April 15, 1997. On October 7, 1997, after the expiration of the statutory 180-day redemption period, the IRS issued North Georgia a quitclaim deed to the property. North Georgia filed a dispossessory action in the Gwinnett County Magistrate Court on December 14, 1997.

Myers responded to the dispossessory action, arguing that North Georgia had no ownership interest in the property and that it had acquired the IRS liens but not title. Following a hearing on December 22, 1997, the magistrate court entered judgment in favor of North Georgia with possession to take place on January 8, 1998. The magistrate court informed Myers that he could appeal the decision by timely filing a notice of appeal and by paying the monthly rental into the court registry. Myers filed a notice of appeal, but failed to pay rent into the registry. For that reason, the superior court dismissed his notice of appeal. Myers did not appeal the dismissal order, and on February 13, 1998, Myers was evicted.

On June 19, 1998, Myers brought the instant action entitled " Complaint for Quiet Title and Damages" in Gwinnett County Superior Court. A review of the complaint reveals that Myers sought to litigate "whether the federal tax sale was valid and effective" and whether North Georgia had a right to take possession of the property by virtue of the IRS quitclaim deed. Finding that Myers' claims were barred by the prior dispossessory action in magistrate court under the doctrine of res judicata, the superior court granted summary judgment in favor of North Georgia.

The doctrine of res judicata, codified in OCGA § 9-12-40, provides that

[a] judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside.

Applying this doctrine, a prior action will bar a subsequent action if these requirements are...

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6 cases
  • In re York
    • United States
    • U.S. Bankruptcy Court — Eastern District of Tennessee
    • April 3, 2003
    ...res judicata as to whether the foreclosure can be set aside. Ga.Code Ann. §§ 9-12-40 & 9-12-42; Myers v. North Georgia Title & Tax Free Exchange, LLC, 241 Ga.App. 379, 527 S.E.2d 212 (1999); Womack v. Columbus Rentals, Inc., 223 Ga.App. 501, 478 S.E.2d 611 (1996); Grant v. Minson, 171 Ga.Ap......
  • West v. DJ Mortg., LLC
    • United States
    • U.S. District Court — Northern District of Georgia
    • February 19, 2016
    ...sufferance are barred from litigating the validity of a foreclosure in a dispossessory action. E.g., Myers v. N. Ga. Title & Tax Free Exch., LLC, 241 Ga.App. 379, 527 S.E.2d 212, 214 (1999) (because plaintiff “could not dispute North Georgia's title in the prior [dispossessory] proceeding, ......
  • Roth v. GULF ATLANTIC MEDIA OF GEORGIA
    • United States
    • Georgia Court of Appeals
    • June 29, 2000
    ...the shareholder's contract. Judgment affirmed. PHIPPS and MIKELL, JJ., concur. 1. OCGA § 9-12-40; Myers v. North Ga. Title &c. Exchange, 241 Ga.App. 379, 380(1), 527 S.E.2d 212 (1999). 2. After Roth refiled his lawsuit in the state court, Gulf Atlantic and Marcocci filed a motion in the sup......
  • Setlock v. Setlock
    • United States
    • Georgia Supreme Court
    • January 25, 2010
    ...damages that exceeded the $15,000 jurisdictional limit of the magistrate court. See Myers v. North Ga. Title & Tax Free Exchange, LLC., 241 Ga.App. 379, 380(1), 527 S.E.2d 212 (1999). Indeed, unlike in the cases cited by Steven in his brief, here, Eugene did not "choose" the magistrate cour......
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12 books & journal articles
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2023 edition
    • Invalid date
    ...to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6, §4, ¶ 1] such as: a. Injunction; b. Prohibition; c. Mandamus; d.......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2022 edition
    • Invalid date
    ...to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6, §4, ¶ 1] such as: a. Injunction; b. Prohibition; c. Mandamus; d.......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2016 edition
    • Invalid date
    ...to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 (1981)], such as action in ejectment [241 Ga.App. 379, 527 SE2d 212 (1999)]. 3. Issuing extraordinary remedies [GA. CONST. Art. 6, §4, ¶ 1] such as: a. Injunction; b. Prohibition; c. Mandamus; d.......
  • 2 Landlord|Tenant
    • United States
    • State Bar of Georgia Georgia Benchbook 2018 edition
    • Invalid date
    ...ownership based on the security deed from him/her being a forgery [294 Ga.App. 456, 669 SE2d 159 (2008)]. Similarly, for IRS tax sale [241 Ga.App. 379 527 SE2d 212 (1999)]; no collateral attack in dispossessory on sale to land trust, converting occupant from owner to tenant [277 Ga.App. 130......
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