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Cartersville Ranch LLC v. Dellinger

The defendant had a legally enforceable interest in the mineral rights reserved under the terms of a 1918 deed and a 1983 executor's deed of distribution.

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This appeal and cross-appeal involve a dispute over the legal ownership of mineral rights to land located in Bartow County, Georgia. On cross motions for summary judgment, the trial court determined that appellee, James R. Dellinger, Jr. Dellinger held a legally enforceable interest in the mineral rights and granted summary judgment in his favor on claims filed by appellant, Cartersville Ranch, LLC Cartersville Ranch. For the reasons that follow, we affirm the decision in the main appeal and dismiss the cross-appeal as moot.

“On appeal from the grant of summary judgment, this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Shekhawat v. Jones, 293 Ga. 468, 469 746 SE2d 89 2013 quoting Youngblood v. Gwinnett Rockdale Newton Cmty. Serv. Bd., 273 Ga. 715, 717-718 4 545 SE2d 875 2001. So viewed, the evidence on summary judgment shows the following.

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