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Ononye v. Ezeofor

The appellant induced the errors of which he complained in his partition action involving a residence, which he owned jointly with his ex-wife.

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Chimeze Ononye appeals from the judgment of the trial court entered in his partition action, which involved a residence he owned jointly with Catherine Ezeofor, his ex-wife. For the reasons that follow, we affirm. 1. Before addressing the merits of the appeal, we address our jurisdiction to decide it. The appeal was originally filed in the Court of Appeals, which transferred the case to this Court, explaining that an appeal from a partition action falls within our title to land jurisdiction. That transfer was correct, and we reiterate that this Court has jurisdiction over both statutory and equitable partition actions. See OCGA § 44-6-140 et seq. equitable partitioning; OCGA § 44-6-160 et seq. statutory partitioning. Both sorts of partition actions come within our title to land jurisdiction. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III 1; Ransom v. Holman , 279 Ga. 63, 64 608 SE2d 600 2005 equitable; Deariso v. Cochran , 273 Ga. 808, 808 546 SE2d 508 2001 statutory; Wiley v. Wiley , 233 Ga. 824, 826 213 SE2d 682 1975 statutory. This makes it unnecessary to address whether some partition actions also come within our equity jurisdiction. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III 2.

2. Ononye contends that he filed a statutory partition action, that the trial court erred in failing to follow the statutory partitioning procedures set out in OCGA § 44-6-166.1, and that the court erred in applying equitable partitioning principles. We disagree.

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