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Yancey v. Poe

The trial court's amended summary judgment order extended the 30-day time period for filing the notice of appeal because the amended order changed the parties' substantive rights.

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Kyle Yancey sued Mickey Poe after Poe built a fence and erected a gate across a road providing the sole access to Yancey’s property. Yancey contends that trial court erred by granting summary judgment to Poe because the road on which the gate was placed is a dedicated public right-of-way. Because we find a genuine issue of material fact exists as to whether the gate is located within the public right-of-way, we reverse.1

The record shows that in 1995, Poe executed a “Right of Way Deed” to Paulding County conveying fee simple title to 60 feet of land on either side of the center line of County Road 376, also known as Gum Springs Road, between Electric Dam Road and the “dead end.” On March 3, 1999, the county right-of-way coordinator wrote Poe a letter reciting that it had come to the county’s attention that a gate had been erected across the county’s right of way on Gum Springs Road in violation of county law. In August 1999, the county right-of-way coordinator again wrote Poe, this time stating that, “based upon much deed research and fieldwork,” the surveyor hired by the county established that the county’s right of way continues up to Yancey’s property line. In March 2000, the Paulding County Director of Transportation testified on deposition that, in the Department’s opinion, the Gum Springs right-of-way continues onto Yancey’s property.

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