Legal Opinion · Dissent

Boyd v. JohnGalt Holdings, LLC

Supreme Court of Georgia

Decided March 5, 2012No. S11A1689Published

1DissentBenham, Justice

I respectfully dissent to the transfer of this case to the Court of Appeals because I believe this appeal falls within this Court’s appellate jurisdiction of “[cjases involving title to land.” 1983 Ga. Const., Art. VI, Sec. VI, Par. Ill (1). By relying on Smith v. Hobbs, 259 Ga. 88 (380 SE2d 53) (1989), to transfer this case, the majority perpetuates the erroneous application to a “title-to-land” appeal of a principle governing an appeal of an “equity” case; the majority resurrects a holding that has not been cited in the 22 years of its existence and which, in practice, has been implicitly…

2Cases cited16 opinions

  1. Beauchamp v. KnightSupreme Court of Georgia · 1991
  2. Propst v. MorganSupreme Court of Georgia · 2011
  3. In re Estate of LottSupreme Court of Georgia · 1983
  4. Bond v. RaySupreme Court of Georgia · 1951
  5. Graham v. TallentSupreme Court of Georgia · 1975

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