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Cunningham v. Gage

The plaintiffs lacked standing to bring a quia timet action, because the plaintiffs did not assert that they had title to the property at issue.

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We granted John Cunningham’s application for interlocutory appeal of the trial court’s order denying his motion to dismiss claims brought against him for fraudulent conveyance and quia timet . Cunningham argues that the fraudulent conveyance claim is barred by the statute of limitation and also argues that the plaintiffs lack standing to bring a quia timet action. We agree and reverse. In ruling on a motion to dismiss, the trial court must accept as true all well-pled material allegations in the complaint and must resolve any doubts in favor of the plaintiff. McLain v. Mariner Health Care , 279 Ga. App. 410, 411 1 631 SE2d 435 2006. We review the trial court’s ruling de novo. Hoque v. Empire Fire & Marine Ins. Co. , 281 Ga. App. 810, 811 637 SE2d 465 2006.

The facts alleged in the complaint are that in 1990, siblings Walter Gage III and Cheryl Johnson won a judgment of more than half a million dollars against their former stepmother, Jeannette Gage. The judgment was memorialized by the issuance of a fi. fa. which has been renewed and remains in force. The lawyers for the siblings each took an interest in the judgment, presumably for unpaid attorney fees.

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