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Smith v. Nasserazad

The unreported non-precedential decisions of the Court of Appeals may be used to prove collateral estoppel in a subsequent case between the parties or their privies.

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In a single deed to secure debt, Douglas T. Smith transferred to his mortgagees two separate lots, one lying wholly in DeKalb County and one lying wholly in Fulton County. A copy of the deed was recorded in each county. Smith defaulted on his debt and the mortgagees foreclosed on both lots. Smith filed the instant petition to cancel a Deed After Foreclosure Under Power of Sale and for declaratory judgment, alleging that defendant Hooshang Nasserazad’s purchase of the property located in Fulton at a foreclosure conducted on the DeKalb County courthouse steps was invalid. Smith argued that he had filed a notice of appeal from the Fulton County Superior Court order authorizing the mortgagees Nasserazad’s grantors to proceed with foreclosure and that the foreclosure was not conducted in the county where the property is located.

The superior court dismissed the petition, relying on a non-precedential opinion of this Court in a related appeal between Smith and his mortgagees1 to conclude that foreclosure was proper. In his sole enumeration of error, Smith contends the superior court erred in relying on our unpublished non-precedential opinion to grant Nasserazad’s motion to dismiss on the basis of collateral estoppel. We affirm.

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