Summary
The Georgia Supreme Court affirmed a trial court judgment concerning ownership interests in disputed real property that passed through intestacy and subsequent quitclaim deeds. The court held that, because no transcript was made of the special-master hearing, the special master's factual findings underlying the trial court's judgment could not be reviewed on appeal.
Topics
Practice areas
Questions Presented
- Whether the appellate court could review the special master's and trial court's findings concerning ownership interests and the effect of the deed executed in the deceased father's name when no transcript was made of the special-master proceeding.
Holdings
- When no transcript is made of the proceeding before a special master in which the facts are established, the special master's findings on which the trial court's judgment is based cannot be reviewed on appeal.
Key quotations
“However, since no transcript was made of the proceeding before the special master in which the facts of the case were established, the special master's findings on which the trial court's judgment was based cannot be reviewed.” (119)
Factual background
Joseph S. Roach, Sr. died intestate owning land in Floyd County, and an administrator's deed later conveyed a 76.57-acre tract to his son, Joseph S. Roach, Jr. After Joseph Jr. died intestate without administration, one of his children executed a deed in the deceased father's name purporting to transfer an interest in a 3.3-acre tract to P. Wayne Roach. P. Wayne later conveyed his interest to Ronnie D. Roach, who filed a quiet-title petition. A special master allocated equal one-sixth interests among Ronnie and the other descendants, and the trial court adopted that determination.
Procedural history
Ronnie D. Roach filed a petition to quiet title, and the matter was referred to a special master. After a hearing with no transcript, the special master determined that Ronnie Roach and certain descendants of Joseph S. Roach, Jr. each held a one-sixth interest in the property. The trial court adopted the special master's findings, and the children of Joseph S. Roach, Jr. appealed. The Supreme Court of Georgia affirmed because the absence of a transcript prevented review of the factual findings underlying the judgment.