Myers v. North Ga. Title & Tax Free Exch. LLC

Plaintiff's quiet title lawsuit against defendant was not barred by defendant's prior dispossessory action against plaintiff, since plaintiff could not dispute defendant's title in that dispossessory action.

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James I. Myers, pro se, appeals from the trial court’s order granting North Georgia Title & Tax Free Exchange, LLC “North Georgia” summary judgment. Myers was ejected from his home following a dispossessory proceeding in magistrate court brought by North Georgia after it acquired a quit claim deed to Myers’ property following an IRS tax sale. Myers’ appeal to the superior court was dismissed. Myers then filed the instant action, seeking to litigate whether North Georgia had valid title to the property. North Georgia filed a motion to dismiss on res judicata grounds, which the court treated as a motion for summary judgment and granted. Because Myers did not have the opportunity in the prior suit to litigate the title issues he now raises, the doctrine of res judicata does not apply. Consequently, we must reverse the grant of summary judgment.

1. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. Our review is de novo and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997. Viewed in this light, the record reveals that as a result of Myers’ failure to pay income tax, the IRS placed liens against his home at 1328 Buford Highway. On January 30, 1997, the IRS seized the property. North Georgia bought the property for $146,000.00 at an auction held on April 8, 1997. The IRS issued North Georgia a certificate of sale on April 15, 1997. On October 7, 1997, after the expiration of the statutory 180-day redemption period, the IRS issued North Georgia a quitclaim deed to the property. North Georgia filed a dispossessory action in the Gwinnett County Magistrate Court on December 14, 1997.

Myers v. North Ga. Title & Tax Free Exch. LLC

Plaintiff's quiet title lawsuit against defendant was not barred by defendant's prior dispossessory action against plaintiff, since plaintiff could not dispute defendant's title in that dispossessory action.

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