Appellant Nathan Tharp, Jr. appeals from the trial court’s decision granting summary judgment in favor of appellees Vesta Holdings I, LLC, Vesta Holdings I, LLC d/b/a Heartwood 11, Inc., and Jacquelyn Barrett, individually and as Sheriff of Fulton County in Tharp’s lawsuit seeking damages for the alleged improper tax sale of his property. On appeal, Tharp contends that the trial court erred 1 in granting appellees’ motions for summary judgment on the ground that there are genuine issues of material fact as to whether proper notice of the tax execution was provided and whether Vesta acted as the Sheriff’s agent such that its bid at the tax sale was prohibited; 2 in excluding from evidence deposition testimony of the Sheriff and her representatives given in prior actions; and 3 in denying Tharp’s motion to strike appellees’ evidence. Tharp also contends 4 the trial judge was biased and pre-judged the case against him. We find Tharp’s contentions to be without merit, and affirm. 1. Tharp contends the trial court erred in granting summary judgment to both Vesta and the Sheriff. On appeal of a motion for summary judgment, we review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the party was entitled to judgment as a matter of law. Rubin v. Cello Corp. , 235 Ga. App. 250 510 SE2d 541 1998. “Summary judgment is appropriate when the court, viewing all the facts and evidence and reasonable inferences from those facts in a light most favorable to the non-movant, concludes that the evidence does not create a triable issue as to each essential element of the case.” Citations omitted. Id. at 251.
So viewed, the evidence shows that at the commencement of the 1998 tax year, NCO, Inc. was the record owner/taxpayer of the subject property at 1015 Michigan Avenue, Atlanta, Fulton County, Georgia “the property”. Thereafter, on June 19, 1998, Tharp purchased the property from NCO, Inc. On December 10, 1998, after the 1998 city and county taxes became delinquent, the Fulton County Tax Commissioner issued a tax writ of fieri facias “fi.fa.”.1 Following Vesta’s service of 60-day notice of its intent to purchase the tax executions,2 Vesta purchased the tax fi.fa. on April 30, 1999.
