McRae v. SSI Dev. LLC

The plaintiff could not claim title to a roadbed on the southern edge of her property on St. Simon's Island, because her own title undeniably established that the roadbed was not included in her 2002 deed.

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Margie McRae appeals pro se from the trial court’s order adopting the special master’s report and denying her petition to quiet title to property on St. Simon’s Island. Finding no error, we affirm. 1. The record reveals that the trial court entered three different final orders denying McRae’s claims in this quiet title action. The trial court’s first order was filed December 19, 2006; McRae filed a timely notice of appeal to this order and the matter was docketed in this Court as Case No. S07A1562. The trial court then entered a second order, filed February 5, 2007, which did not reference the first order. McRae filed another notice of appeal albeit untimely from that order; that appeal was docketed here as Case No. S07A1563. Seven days after the second order, the trial court issued its third order, in which it found that the parties recognized that the first order was “entered prematurely” and set that order aside as void on its face. The third order did not address the court’s entry of the second order. However, the third order reached the same result as the earlier orders. McRae filed a timely notice of appeal from this third order. Pursuant to the parties’ request, we consolidate the three appeals.

The first order was set aside as void by the consent of the parties, thereby obviating McRae’s first notice of appeal. Pretermitting whether the second order was void because entered while McRae’s first notice of appeal was pending, but see Teal v. State , 282 Ga. 319 3 647 SE2d 15 2007 notice of appeal divests trial court of jurisdiction to alter judgment, her notice of appeal was untimely filed. OCGA § 5-6-38 a. Therefore, we hereby dismiss Case Nos. S07A1562 and S07A1563 and address McRae’s appeal in Case No. S07A1564.

McRae v. SSI Dev. LLC

The plaintiff could not claim title to a roadbed on the southern edge of her property on St. Simon's Island, because her own title undeniably established that the roadbed was not included in her 2002 deed.

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