Nelson v. Georgia Sheriffs Youth Homes, Inc.

Mary Jane Nelson and other litigants appealed a trial court's order granting summary judgment to the Georgia Sheriffs Youth Homes and other entities in a quiet title action. In their sole contention of error in this appeal, Nelson argued the trial court erred in granting summary judgment without the final report of the special master being filed. As the Georgia Supreme Court has recognized, "[i]f no demand for a jury trial is filed prior to the time he hears the case, the special master is the arbiter of law and fact and decides all issues in the case." And, as in this case, there was a demand for a jury trial filed before the special master holds a hearing, the trial court had jurisdiction to proceed to trial. The fact that a demand for a jury trial was filed pursuant to OCGA 23-3-66 does not mean that the trial court cannot grant summary judgment when warranted. Accordingly, Nelsons did not show an error in the trial court's grant of summary judgment. View "Nelson v. Georgia Sheriffs Youth Homes, Inc." on Justia Law