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Daryl Faison Et Al.v.Lora Lynn Faison

CourtCourt of Appeals of Georgia
Docket No.A17A1610
DecidedFebruary 20, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawCivil ProcedureStatutory InterpretationFirst ImpressionReversalRemand
Case Summary

After Alonzo Faison died intestate, his heirs became tenants in common of roughly 400 acres in Georgia. One heir filed a partition action and reached a settlement with some participants, and the trial court ordered the nonsettling heirs to transfer their interests for $13,000 each without first determining whether the land was heirs property under Georgia’s Uniform Partition of Heirs Property Act. The Georgia Court of Appeals held that the statute imposed mandatory procedures, including an initial determination of heirs-property status, appraisal protections, and the requirement that all cotenants agree before the property could be partitioned outside the statutory process. The court noted that the Act had been newly adopted and that it had found no earlier published appellate decision applying it. Because the trial court skipped the required determination and relied on an agreement by fewer than all cotenants, the court reversed the denial of the motion for a new trial and remanded for further proceedings.

Opinion

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