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Bartow Cnty. v. Southern Dev. III LP

Sovereign immunity barred the plaintiff's action against the County seeking payment of excess funds following a tax sale, and the plaintiff failed to meet its burden to show a waiver of such immunity.

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These interlocutory appeals stem from the same case in which Southern Development, III, L. P. “Southern”, sued Bartow County seeking payment of excess funds following a tax sale. The County appeals from the denial of its summary judgment motion Case No. A13A2069 and the grant of Southern’s motion to add the Bartow County Tax Commissioner as a party Case No. A13A2068. For the reasons that follow, we reverse in Case No. A13A2069 and dismiss as moot Case No. A13A2068.

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. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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