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Nelson v. Georgia Sheriffs Youth Homes Inc.

When a demand for a jury trial is filed in a quiet title action before the special master holds a hearing, the trial court has jurisdiction to proceed to trial or to grant a summary judgment motion.

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Mary Jane Nelson and other litigants appeal the trial court’s order granting summary judgment to the Georgia Sheriffs Youth Homes and other entities in this quiet title action. For the reasons that follow, we affirm.

This is the second appearance of this case before this Court. As we observed in Nelson v. Ga. Sheriffs Youth Homes, Inc., 286 Ga. 192 686 SE2d 663 2009 “Nelson I”, Mary Jane Nelson is the widow of James Nelson. She and her fellow litigants collectively “the Nelsons” are heirs at law of James Nelson, and filed a petition pursuant to OCGA § 23-3-60 et seq., to quiet title to certain property in Troup County. Id. After the trial court granted summary judgment to claimants adverse to them, to wit, the Georgia Sheriffs Youth Homes, Inc. and the Georgia Department of Natural Resources, this Court remanded the case “to the trial court for the inclusion of findings of fact made by either the special master or the trial court upon which the judgment is based.” Id. at 193. The trial court complied with this directive and issued an order detailing the factual scenario upon which it based its order granting summary judgment, and the Nelsons now appeal.

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