Jacobs v. Young
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Appellant Andrea Brown Jacobs and several family members holding ownership interest in certain undeveloped real property filed a partition action in January 2006 after another family member, Mary Young, refused to sign a contract for the sale of the property. The parties entered into a consent writ of partition which provided for the sale of the property pursuant to OCGA 44-6-166.1. However, neither Young nor any other party in interest tendered the sums necessary to purchase petitioners' shares of the property. Mary Young then deeded her interest in the property to the Mary E. Young Revocable Trust and died one day later. In 2010, the case appeared on a pretrial calendar; the property not having been sold and there being no appearance by Young or anyone on her behalf, the trial court struck Young's pleadings, entered judgment in favor of the petitioners, and appointed three commissioners to conduct the sale of the property consistent with the requirements of OCGA 44-6-167 through 169. Because the property had not been sold and the owners of the property still were unable to reach an agreement with regard to its disposition, the court, believing that a mandated public sale would cause financial loss to all owners, amended its 2010 partition order to provide for the listing of the property with a particular broker with the terms of the sale to be established by a majority of the previously appointed commissioners. The 2010 judgment was quickly voided by the trial court after certain petitioners alleged counsel had acted without authority in seeking the partition order. In September 2011, petitioner Florence Brown through new counsel filed a motion for order for public sale. After a hearing on Brown's motion, the trial court entered an order for public sale and appointed three commissioners to conduct the sale. The sale was advertised and the property sold to the highest bidder. Appellant Jacobs appealed orders in Case No. S12A1340. In Case No. S12X1342, Brown filed across-appeal stating she was satisfied with the trial court's orders and was cross-appealing only to ensure the entire record was included on appeal. Because the Supreme Court found that all parties received proper notice of the partition action and in fact, agreed to the entry of a final consent judgment of partition which gave rise to the trial court's authority to order the public sale, the trial court's orders confirming the sale of the property and directing the parties and parties in interest to execute the deeds were affirmed.
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