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Burruss v. Ferdinand

Plaintiff was not entitled to notice or to intervene in foreclosure action because her deed to the property was not recordable or recorded.

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Faye Burruss d/b/a Beauty Plus, Inc., filed this appeal from the trial court’s denial of her motions to intervene and to set aside the judgment following an in rem judicial tax foreclosure sale of property in which she claims an interest. This appeal was filed in the Supreme Court, which transferred it to this court after concluding that none of the issues raised in the appeal invoked the jurisdiction of the Supreme Court. Burruss contends the trial court erred in denying both her motions, and she challenges the constitutionality of the statute authorizing judicial in rem tax foreclosures. Because we find that none of Burruss’s contentions have merit, we affirm the judgment below.

1. We note initially that although an appeal from the denial of a motion to intervene usually requires an application for interlocutory appeal, the denial of Burruss’s motion to intervene in this case was a final judgment and Burruss’s direct appeal was therefore proper. OCGA § 5-6-34 a 1. Similarly, Burruss’s other motion was captioned a motion to set aside, which is not directly appealable. OCGA § 5-6-35 a 8. But the motion was based upon her contention that she was entitled to notice and was not notified, which is a defect not appearing on the face of the record. The judgment was properly challenged by a motion for new trial, the denial of which is directly appealable. See Hill v. Bailey, 187 Ga. App. 413, 414-415 1 370 SE2d 520 1988.1 This court has jurisdiction to consider the appeal.

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