"Whether [Denhardt] has a priority interest in the [f]unds under the relevant statutes is a question of law, which we review de novo." Bridges v. Collins-Hooten , 339 Ga. App. 756, 758 (1), 792 S.E.2d 721 (2016). In October 2018, the Sheriff of Fulton County held a non-judicial tax sale of real property, for which Carolyn Sparks was the record owner.
(Citation and punctuation omitted.) Bridges v. Collins-Hooten, 339 Ga.App. 756, 759 (1), n. 5 (792 S.E.2d 721) (2016). (Footnote in December 9, 2024 order.)
40, Crewe Acquisitions pled that the tax commissioner was not "automatically entitled to deduct any alleged filing fees, costs, or attorney’s fees at the time of interpleader, but [was] ... required to tender the full amount in controversy to the Court for determination of an award of fees and costs, if any." See Bridges v. Collins-Hooten , 339 Ga. App. 756, 758-759 (1), 792 S.E.2d 721 (2016) (reciting that if a property owner fails to pay county property taxes, the county may conduct a sale of the property to satisfy the unpaid taxes; and recognizing that if the tax sale generates funds more than those necessary to satisfy the tax lien, OCGA § 48-4-5 governs the payment of excess tax sale proceeds). Crewe Acquisitions later filed a motion for judgment on the pleadings seeking the $15,564.40.
The import of the language is mandatory.") (citation omitted); Bridges v. Collins-Hooten, 339 Ga.App. 756, 762 (3) (792 S.E.2d 721) (2016) (statute's use of "shall" indicated mandatory conduct).
See Ga. Const. Art. VI, § VI, ¶ VI ("The decisions of the Supreme Court shall bind all other courts as precedents."); Mays v. Rancine-Kinchen, 291 Ga. 283, 283 (729 S.E.2d 321) (2012) ("The policy of the Appellate Practice Act is against multiple appeals and piecemeal litigation.") (citation and punctuation omitted); Saxton v. Coastal Dialysis &c., 267 Ga. 177, 178 (476 S.E.2d 587) (1996) (reiterating that the Supreme Court of Georgia has "ultimate responsibility for construing the constitutional provisions regarding appellate jurisdiction" and that its decisions result "in a binding and conclusive determination of the jurisdiction of the Court of Appeals"). And see generally Bridges v. Collins-Hooten, 339 Ga.App. 756, 759 (1), n. 5 (792 S.E.2d 721) (2016) ("[U]nder our Constitution's two-term rule, this Court is required to 'dispose of every case at the term for which it is entered on the court's docket for hearing or at the next term.' Ga. Const. Art. VI, Sec. IX, Par. II
In light of our constitutional mandate to decide all cases within two terms of docketing, we cannot delay a resolution of that issue in the instant case until that Court has rendered an opinion. Bridges v. Collins-Hooten, 339 Ga. App. 756, 759 (1), n.5, 792 S.E.2d 721 (2016). [6–8] Pretermitting whether it was error to admit the fact that Dr. Menachery settled his claims, the admission of that evidence did not affect the verdict.
Further, when counsel for Nataraj asserted in its closing that the attorney fee issue was "undisputed[,]...[that] [t]here wasn't any cross-examination. I appreciate that," Spirits voiced no objection. Because Spirits failed to object below on the ground raised on appeal, its argument was waived. See generally Bridges v. Collins-Hooten, 339 Ga. App. 756, 762 (3) (792 SE2d 721) (2016); First Southern Bank v. C & F Services, 290 Ga. App. 305, 309 (3) (659 SE2d 707) (2008). OCGA § 13-6-11 provides: "The expenses of litigation generally shall not be allowed as a part of the damages; but where the plaintiff has specially pleaded and has made prayer therefor and where the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense, the jury may allow them."
See Nat. Tax Funding, L. P. v. Harpagon Co. , 277 Ga. 41, 42 (1), 586 S.E.2d 235 (2003) ("After the tax sale, the delinquent taxpayer or any other party holding an interest in or lien on the property may redeem the property by paying to the tax sale purchaser the [redemption price.]"); Bridges v. CollinsHooten , 339 Ga.App. 756, 758-759 (1), 792 S.E.2d 721 (2016) (discussing redemption of property by creditor of delinquent taxpayer).Harvest Assets paid $5,000 to the Association "to cover the association fees currently due" and "future dues as they come due" on the subject property.
Whether JMV has a priority interest in the excess funds pursuant to statutory authority is a question of law, which we review de novo. With this guiding principle in mind, we turn now to SunTrust's specific claims of error. See Bridges v. Collins-Hooten, 339 Ga. App. 756, 758 (1) (792 SE2d 721) (2016). As an initial matter, the Supreme Court of Georgia issued an opinion in DLT List v. M7VEN Supportive Housing & Dev. Group, ("DLT List II") on May 15, 2017, which affirmed this Court's opinion DLT List I, but under a different rationale.
Whether JMV has a priority interest in the excess funds pursuant to statutory authority is a question of law, which we review de novo. With this guiding principle in mind, we turn now to SunTrust's specific claims of error. See Bridges v. Collins-Hooten , 339 Ga. App. 756, 758 (1), 792 S.E.2d 721 (2016). As an initial matter, the Supreme Court of Georgia issued an opinion in DLT List v. M7VEN Supportive Housing & Dev. Group (" DLT List II ") on May 15, 2017, which affirmed this Court's opinion DLT List I , but under a different rationale.