Smith v. One Bird LLC

After Charles D. Smith filed a petition to quiet title to three small parcels of land, One Bird, LLC and its sole member filed a counterclaim, a jury trial resulted in a deadlocked jury, and Smith and One Bird both filed motions for judgment notwithstanding mistrial. The trial court granted One Bird’s motion, finding that — although Smith owned each of the three parcels — One Bird had a prescriptive easement over, above and across a tee box, green, and cart paths on which it operated a golf course. Smith appeals to this Court, asserting that we have jurisdiction over this case because it involves title to land. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III. But, as a result of the trial court’s order, it is now undisputed that Smith has title to the three parcels of land, and no party has appealed that aspect of the judgment below. The only issue on appeal is whether One Bird possesses a prescriptive easement. As a result, this case does not invoke our jurisdiction, and it is hereby transferred to the Court of Appeals. See Barton v. Gammell, 238 Ga. 643 235 SE2d 18 1977.