DOCO CREDIT UNION v. CHAMBERS Et Al.
330 Ga. App. 633
| Ga. Ct. App. | 2015Background
- DOCO Credit Union filed a Lee County quiet-title action to establish its title to Lee County properties foreclosed under security deeds.
- Ida and Cheryl Chambers filed a Daugherty County lawsuit alleging tort claims including wrongful foreclosure and conspiracy related to DOCO's conduct.
- DOCO obtained relief from bankruptcy stay to pursue quiet-title while the Daugherty County suit proceeded; the Chambers filed the Daugherty action in January 2013.
- The Lee County quiet-title action was dismissed by the Lee County court as abated by the Daugherty County action, which the trial court treated as controlling.
- DOCO appealed, arguing the actions were distinct and not subject to abatement, and that a special master should be appointed under the Quiet Title Act; the court agreed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Daugherty County suit abated the Quiet Title Action | DOCO argued actions are distinct; abatement improper. | Chambers argued the Daugherty action abates the Quiet Title Action because of same parties and related claims. | Abatement not permissible; actions are not identical and Quiet Title Action may proceed. |
| Whether a special master must be appointed in the Quiet Title Action | DOCO contends statutory requirement to appoint a special master applies. | Chambers contend may not be required if action is abated or dismissed. | Court held a special master must be appointed and report findings. |
| Whether Lee County is the proper venue and whether Daugherty County lacked jurisdiction | DOCO argues Quiet Title must be in the county where the land lies; Lee County is proper for Lee County properties. | Chambers contend Daugherty County has jurisdiction over related actions and that venue should be centralized there. | Lee County is proper and Daugherty lacked jurisdiction for the Quiet Title Action; remand for master appointment. |
Key Cases Cited
- Odion v. Varon, 312 Ga. App. 242 (2011) (pendency of former action abates under OCGA 9-2-44)
- Nelson v. Ga. Sheriffs Youth Homes, Inc., 286 Ga. 192 (2009) (special master proceedings; in rem quiet-title framework)
- Porter v. Houghton, 273 Ga. 407 (2001) (quiet-title in rem action provides definitive ownership determination)
- Woodruff v. Morgan County, 284 Ga. 651 (2008) (mandatory appointment of a special master in quiet-title actions)
- Schoen v. Home Fed. Sav. & Loan Ass’n of Atlanta, 154 Ga. App. 68 (1980) (dispossessory actions and abatement considerations discussed)
- Atlanta Airmotive, Inc. v. Newnan-Coweta Airport Auth., 208 Ga. App. 906 (1993) (unities of abatement and related case law)
- Rogers v. Hoskins, 15 Ga. 270 (1854) (early abatement principles for consecutive actions)
- Aiken Dermatology & Skin Cancer Clinic, P.A. v. DavLong Sys. Inc., 314 Ga. App. 699 (2012) (jurisdictional analysis for first-filed cases; abatement not proper when court lacks merits jurisdiction)