In this quiet title action, the appellant, Karen Steinichen, did not file any exceptions to the special master’s report before the trial court entered its judgment adopting the report. Steinichen subsequently moved for a new trial, contending that the evidence did not support the trial court’s judgment. In denying Steinichen’s motion for new trial, the trial court ruled that Steinichen had waived her right to object to the special master’s report and the trial court’s judgment by failing to object to the report before the trial court adopted it. On appeal, Steinichen contends that this ruling was error. For the reasons that follow, we agree and therefore reverse the trial court’s judgment and remand the case to the trial court for it to address the merits of Steinichen’s motion for new trial. In January 2003, Steinichen filed a petition to quiet title to certain land in Jackson County pursuant to OCGA § 23-3-60 et seq. The appellee, Larry Stancil, filed an answer and counterclaim, contending that he owned the property by virtue of adverse possession. The trial court submitted the case to a special master, as required by OCGA § 23-3-63, and the parties waived their right under OCGA § 23-3-66 to have a jury trial on any questions of fact. On March 15, 2005, the special master held a hearing on the case, and on April 29, 2005, the special master filed his report in superior court.1 In the report, the special master concluded that Steinichen failed to establish title to the property and that Stancil had acquired title by adverse possession. On May 6, 2005, Stancil filed a motion for the trial court to adopt the report of the special master as the judgment of the court. Steinichen filed no response to Stancil’s motion to adopt and filed no exceptions to the special master’s report. On June 21, 2005, the trial court entered an order adopting the special master’s report. Thereafter, Steinichen moved for a new trial, contending that the judgment was not supported by the evidence. On October 11, 2005, the trial court denied Steinichen’s motion, ruling that, because she did not file any objections to the special master’s report before the entry of final judgment by the trial court, she had waived her right to object to the report or to the judgment.
1. On appeal, Steinichen contends that the trial court erred in ruling that she waived her right to object to the special master’s report and to the court’s judgment. Because we conclude that Steinichen did not waive her right to object to the trial court’s judgment, we reverse.
