Appellant Mary Jane Nelson is the widow of the late James Nelson, and the other appellants are Mr. Nelson’s remaining heirs at law. In July 2006, they filed a petition pursuant to OCGA § § 23-3-60 et seq. to quiet title against all the world to 157.29 acres in Troup County. Attached to the petition was a list of individuals and entities that appellants believed had or might have a record right, title or interest in the property at issue. On that list were appellees Georgia Sheriffs Youth Homes “GSYH” and the Georgia Department of Natural Resources “DNR”. On the day the petition was filed, the trial court appointed a Troup County resident and attorney as the special master in the action, as is required by OCGA § 23-3-63. Woodruff v. Morgan County , 284 Ga. 651 1 670 SE2d 415 2008; Steinichen v. Stancil , 281 Ga. 75 1 635 SE2d 158 2006. Over two years later, in September 2008, the trial court granted summary judgment to appellees without the benefit of a report from the special master and by means of an order which included no findings of fact or conclusions of law. This appeal followed.
The Quiet Title Act of 1966 OCGA § § 23-3-60 et seq. “creates an efficient, speedy and effective means of adjudicating disputed title claims” Heath v. Stinson , 238 Ga. 364, 365 233 SE2d 178 1977, and sets out “specific rules of practice and procedure with respect to an in rem quiet title action against all the world” that take precedence over the Civil Practice Act when there is a conflict. Woodruff v. Morgan County , supra, 284 Ga. at 652. The Quiet Title Act requires a trial court to appoint a special master OCGA § 23-3-63, and requires the special master to make a report of the special master’s findings to the trial court. OCGA § 23-3-66. While the quiet-title statutory scheme provides that the special master, once appointed, “shall have complete jurisdiction within the scope of the pleadings to ascertain and determine the validity, nature, or extent of petitioner’s title and all other interests in the land . . .or to remove any particular cloud or clouds upon the title to the land and to make a report of his findings to the judge of the court,” OCGA § 23-3-66, the trial court is not divested of its overall jurisdiction of the case and its sole authority under OCGA § 23-3-67 to issue the final decree. Harbuck v. Houston County , 284 Ga. 4 1 662 SE2d 107 2008.
