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Vatacs Group Inc. v. Homeside Lending Inc.

Laches is an equitable defense, which is not applicable to actions at law, including petitions for declaratory judgment.

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In this declaratory judgment action regarding the priority of certain mortgages over others, we granted certiorari to answer the following limited question: “Whether the Court of Appeals erred in holding that ” ‘laches is an equitable doctrine not applicable in a petition for declaratory judgment, which is an action at law.’ ” Vatacs Group, Inc. v. Homeside Lending, Inc. , 276 Ga. App. 386, 393 3 623 SE2d 534 2005. We find that the Court of Appeals did not err in its holding and affirm. It is a longstanding and well-established rule that the doctrine of laches is an equitable defense which is not applicable to actions at law, which include declaratory judgment actions. See, e.g., Stuckey v. Storms , 265 Ga. 491 1 458 SE2d 344 1995; Jones v. Douglas County , 262 Ga. 317 1 a 418 SE2d 19 1992. This continues to be a valid statement of the law.

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