Boyd v. JohnGalt Holdings, LLC
318 Ga. App. 866
| Ga. Ct. App. | 2012Background
- Boyds filed suit for trespass and ejectment against JohnGalt Holdings in 2005, later amended in 2007 to add tortious interference, breach of contract, and rescission claims.
- JohnGalt answered and counterclaimed, including a quiet title claim that led to appointment of a special master.
- Special master issued findings in July 2009; the trial court entered a Non-Final Judgment adopting those findings and vesting title in JohnGalt, while allocating some master fees.
- Boyds timely appealed the July 30, 2009 order to the Georgia Supreme Court and filed affidavits of indigence the same year seeking pauper status.
- The trial court denied pauper status sua sponte on January 29, 2010 without notice or a hearing; Boyds sought reconsideration with new affidavits, which were again rejected in March 2010.
- Subsequently, rule changes allowing record appendices were adopted by the Supreme Court; Boyds moved to dismiss appeals for noncompliance with costs, proceeded with a third appeal, and the trial court ultimately dismissed both appeals, prompting further appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred denying indigence without a hearing | Boyds were unrebutted; no traverse; court should relieve costs | Galt contends proper procedure allowed court inquiry without a hearing | Yes, trial court erred; remanded for evidentiary hearing |
| Whether the indigence ruling affected the second appeal | Dismissal based on incorrect indigence ruling; rights preserved | Dismissal appropriate under costs rules | Yes, reversed for hearing and remand on indigence |
| Whether OCGA 9-15-2 requires a hearing when no traverse | Affidavits should relieve costs absent rebuttal | Court may inquire without hearing | Plain language requires a hearing prior to denial without traverse |
| Whether the case should be remanded for an evidentiary hearing | Indigence affidavits unrebutted; remedy is remand | Record already shows delay due to costs issues | Remanded for evidentiary hearing on indigence |
Key Cases Cited
- Castleberry’s Food Co. v. Smith, 205 Ga. App. 859 (1992) (dismissal of appeal subject to direct appeal; indigence procedures discussed)
- Hawkins v. State, 222 Ga. App. 461 (1996) (indigent status determination subject to appellate review; hearing not always required)
- Barham v. Levy, 228 Ga. App. 594 (1997) (denial of indigent status must be based on record evidence; dicta helpful on inquest when court inquires)
- Taylor v. Public Convalescent Svc., 245 Ga. 805 (1980) (holding that traverse triggers hearing requirement for indigence)
- Clay v. State, 122 Ga. App. 677 (1970) (early authority on indigence and hearing requirements)
- Sweet v. State, 191 Ga. App. 516 (1989) (overruled for error in denying hearing when no traverse)
- Morris v. Dept. of Transp., 209 Ga. App. 40 (1993) (traverse affects whether hearing is required; discussed with respect to indigence)