Bread of Life Baptist Church v. Price

Birdsong, Judge.

The sole issue in this appeal is whether the State Court of DeKalb County “erred in denying [appellants’ motion to transfer a contested dispossessory action from the [s]tate [c]ourt . . . while a suit concerning the issue of title to the subject property was pending in the [s]uperior [c]ourt.” Held:

In this record there is no evidence of any prior pending action in superior court regarding title to the property such that the superior court would have exclusive jurisdiction in this case. See OCGA § 44-2-60. There is no evidence whatever in the record that appellant Bread of Life…