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Boyd v. Johngalt Holdings LLC

The Supreme Court lacked jurisdiction of the appellants' appeal relating to their dissatisfaction with the dismissal of their prior appeals for failure to timely pay appeal costs.

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The Honorable Supreme Court met pursuant to adjournment. The following order was passed: On February 6, 2012, the Court issued its opinion in this case. The attached dissenting opinion by Justice Benham is hereby added. The time for filing any motion for reconsideration is extended to March 15, 2012. In the Supreme Court of Georgia

Pursuant to a tax sale, JohnGalt Holdings, LLC, purported to gain ownership of certain real property located in Atlanta. Nathaniel and Lucy Boyd believed that they owned the property in question, and on October 13, 2005 they sued JohnGalt for trespass and ejectment. JohnGalt counterclaimed for trespass and conversion, and to quiet title. Following the trial court’s grant in part of JohnGalt’s quiet title claim, the Boyds filed a timely notice of appeal, and also filed a request to proceed in forma pauperis. The trial court denied the Boyds’ request to proceed in forma pauperis, and the Boyds filed a separate notice of appeal to appeal from that judgment. On April 8, 2011, the trial court issued a single order dismissing both of the Boyds’ appeals i.e. both the appeal relating to the quiet title claim and the appeal dealing with the denial of the Boyds’ request to proceed in forma pauperis. The Boyds filed a notice of appeal from this April 8 order, which brings the matter before this Court. As explained more fully below, because this Court lacks jurisdiction over the claims raised in this appeal, the appeal is hereby transferred to the Court of Appeals.

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