MONTIA v. SAND CANYON CORP., A16D0461. (2016)
Court: Court of Appeals of Georgia
Number: ingaco20160803239
Visitors: 8
Filed: Aug. 03, 2016
Latest Update: Aug. 03, 2016
Summary: Order Plaintiff Muriel Montia has filed an application for discretionary review of several trial court rulings, including the court's grant of summary judgment to defendant First-Citizens Bank & Trust Company, assignee and successor-in-interest to the Federal Deposit Insurance Corporation as Receiver for Capitol City Bank & Trust Company, in this action raising a quiet-title claim and seeking the appointment of a special master. No discretionary application is required, however, as the grant o
Summary: Order Plaintiff Muriel Montia has filed an application for discretionary review of several trial court rulings, including the court's grant of summary judgment to defendant First-Citizens Bank & Trust Company, assignee and successor-in-interest to the Federal Deposit Insurance Corporation as Receiver for Capitol City Bank & Trust Company, in this action raising a quiet-title claim and seeking the appointment of a special master. No discretionary application is required, however, as the grant of..
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Order
Plaintiff Muriel Montia has filed an application for discretionary review of several trial court rulings, including the court's grant of summary judgment to defendant First-Citizens Bank & Trust Company, assignee and successor-in-interest to the Federal Deposit Insurance Corporation as Receiver for Capitol City Bank & Trust Company, in this action raising a quiet-title claim and seeking the appointment of a special master. No discretionary application is required, however, as the grant of summary judgment on any issue or as to any party may be appealed directly. See OCGA § 9-11-56 (h). In addition, any other non-final rulings entered in the case may be challenged as part of such a direct appeal. See OCGA § 5-6-34 (d); Southeast Ceramics v. Klem, 246 Ga. 294, 295 (1) (271 S.E.2d 199) (1980).
Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court's order is subject to direct appeal. Accordingly, this application is hereby GRANTED. Montia shall have 10 days from the date of this order to file a notice of appeal with the trial court, if she has not already done so. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.
Source: Leagle
