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Jwm Holdings, Llcv.Annette Lowe Strong, As Administrator Of The Estate Of Oscar Frazier Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A0545
DecidedApril 28, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawTax LawCivil ProcedureSummary JudgmentDeclaratory JudgmentVacatur
Case Summary

These companion appeals arose from a dispute over the right to redeem Fulton County real property sold at a tax sale. Estates represented by Annette Lowe Strong challenged summary judgment for JWM Holdings on their redemption claims, while JWM appealed the denial of its counterclaim for declaratory relief. The Georgia Court of Appeals affirmed summary judgment for JWM on the estates claims because the record showed that the estates had not tendered the redemption price required to pursue redemption. The court separately held that the trial court lacked subject-matter jurisdiction over JWM’s declaratory counterclaim because the relevant controversy did not support that form of relief. It therefore vacated the order denying the counterclaim and remanded with direction that the counterclaim be dismissed without prejudice. The disposition left the summary judgment on the redemption claims intact.

Opinion

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