Field v. Mednikow

A statement in a quitclaim deed regarding payment of repairs and taxes as consideration did not constitute a key, because it did not indicate the decedent's intent to convey a particular tract of land.

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Robyn R. Mednikow and Burt W. Redwine petitioned the Superior Court of Fulton County to set aside two quitclaim deeds from their deceased father to their sister, Debra R. Field. Field appeals from the trial court’s orders i denying her motion to dismiss and ii granting summary judgment to Mednikow and Redwine. Finding no error, we affirm. 1. “Our review of the grant of a motion to dismiss is de novo. A motion to dismiss may be granted only where a plaintiff would not be entitled to relief under any set of facts that could be proven in support of its claim.” Citation, punctuation, and footnote omitted. Lewis v. Ga. Dept. of Human Resources , 255 Ga. App. 805, 806-807 567 SE2d 65 2002. In ruling on a motion to dismiss for failure to prosecute the action in the name of the real party-in-interest, the trial court may consider matters outside the pleadings under the provisions of OCGA § 9-11-43 b. Warshaw Props. v. Lackey , 170 Ga. App. 101, 102 316 SE2d 482 1984.

The petition showed the following. Field, Mednikow, and Redwine were the heirs at law of the decedent. On May 23, 1999, the decedent executed a quitclaim deed to certain Atlanta property the “Property” in favor of Field. However, the 1999 deed was not witnessed or recorded. In March of 2000, the decedent executed another quitclaim deed to the Property in favor of Field. According to the petition, the 2000 deed failed to contain a legal description of the property. The petition further asserted that the decedent lacked the mental capacity to transfer the Property. Mednikow and Redwine asked the trial court to set aside the two deeds.

Field v. Mednikow

A statement in a quitclaim deed regarding payment of repairs and taxes as consideration did not constitute a key, because it did not indicate the decedent's intent to convey a particular tract of land.

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