Legal Opinion · Concurrence

Strickland v. McElreath

Court of Appeals of Georgia

Decided March 23, 2011No. A10A1619Published

1ConcurrenceSmith, Presiding Judge

I concur with the majority opinion and all that is said there; I write separately to note that the application for interlocutory appeal was transferred to this court by the Georgia Supreme Court pursuant to the following order:

Applicants seek to invoke this Court’s equity jurisdiction to challenge the trial court’s order denying the motion for a change of venue in this action to set aside a deed and to establish an implied trust. However, because the propriety of equitable relief is not a substantive issue on appeal, this Court’s jurisdiction over equity cases is not invoked. See Electronic…

2Cases cited4 opinions

  1. Graham v. TallentSupreme Court of Georgia · 1975
  2. Electronic Data Systems Corp. v. HeinemannSupreme Court of Georgia · 1997
  3. Mabra v. Deutsche Bank & Trust Co. AmericasCourt of Appeals of Georgia · 2006
  4. Foster v. Wilmington Plantation Owners Ass'nCourt of Appeals of Georgia · 2010

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