Sanders v. Daniel

The trial court did not err in finding that appellee had valid title to the property, because the appellant's argument that there was a defect in appellee's title was not a proper defense in a dispossessory proceeding.

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In this dispossessory action, Martha Sanders appeals from three separate orders entered by the trial court. In Case No. A10A0340, she appeals from the issuance of a dispossessory order in favor of Kevin Daniel, arguing that in finding that Daniel owned the property, the trial court improperly relied on an order quieting title that was issued by a court without subject matter jurisdiction. In Case No. A10A0341, Sanders appeals from the court’s order requiring her to pay a supersedeas bond pending the appeal of the dispossessory order, and in Case No. A10A0342, she appeals from the court’s order granting Daniel a writ of possession. For the reasons set forth below, we affirm the trial court’s ruling in all three cases. The undisputed facts show that on January 8, 2009, Daniel filed a dispossessory action against Sanders in Monroe County Magistrate Court, asserting that Sanders was a tenant at sufferance as a result of Daniel’s purchase of the subject Monroe County property from a company that had acquired the property through a county tax sale. See Myers v. North Ga. Title &c. Exchange .1 Sanders filed an answer, and the magistrate court transferred the case to the Monroe County Superior Court. On February 20, 2009, following a trial on the merits, the trial court issued a dispossessory order in favor of Daniel. Sanders then filed her notice of appeal as to that order.

On March 5, 2009, Daniel filed a motion, pursuant to OCGA § 44-7-56, seeking an order requiring Sanders to pay a supersedeas bond pending the appeal. In response, Sanders filed an affidavit of indigence, stating that she could not afford to pay a supersedeas bond. Following a hearing on the issue, the trial court granted Daniel’s motion and entered such an order on April 29, 2009. Sanders filed a notice of appeal from that order on May 28, 2009. After Sanders failed to pay the supersedeas bond, Daniel filed a motion for writ of possession, which the trial court granted on June 3, 2009. Shortly thereafter, Sanders filed a notice of appeal from that order as well.2

Sanders v. Daniel

The trial court did not err in finding that appellee had valid title to the property, because the appellant's argument that there was a defect in appellee's title was not a proper defense in a dispossessory proceeding.

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