Smith v. Georgia Kaolin Co., Inc, 498 S.E.2d 266 (Ga. 1998). · Go Syfert
Smith v. Georgia Kaolin Co., Inc, 498 S.E.2d 266 (Ga. 1998). Cases Citing This Book View Copy Cite
“the trial court involuntarily dismissed the complaint sua sponte. such an involuntary dismissal is authorized by ocga 9-11-41 (b)”
69 citation events (62 in the last 25 years) across 4 distinct courts.
Strongest positive: Montgomery v. Morris (gactapp, 2013-07-01)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (quoted) Montgomery v. Morris (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court involuntarily dismissed the complaint sua sponte. such an involuntary dismissal is authorized by ocga 9-11-41 (b)
discussed Cited as authority (quoted) Woodie Montgomery v. Walter S. Morris (2×) also: Cited "see"
Ga. Ct. App. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the trial court dismissed the complaint sua sponte. such an involuntary dismissal is authorized by ocga 9-11-41 (b)
discussed Cited as authority (quoted) Alexander v. Watson (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2005 · quote attribution · 1 verbatim quote · confidence low
at a bench trial, the trial court can determine when essential facts have not been proved
examined Cited as authority (rule) CHELSEA CAGLE v. MIKE CARRUTH (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2025 · confidence medium
The trial court’s determination as a trier of fact will be reversed only where the evidence demands a contrary finding.” (Citation and punctuation omitted.) Smith v. Ga. Kaolin Co., 269 Ga. 475, 476 (1) ( 498 SE2d 266 ) (1998); see also Magnus Homes v. Derosa, 248 Ga. App. 31, 32 (1) ( 545 SE2d 166 ) (2001) (“In all nonjury trials, the trial court’s findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.”) (citation and punctuation omitted).
examined Cited as authority (rule) ANDREW W. BELL v. MARINA LOPEZ (3×) also: Cited "see"
Ga. Ct. App. · 2023 · confidence medium
Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998); In re Rivermist Homeowners Assn., 244 Ga. 515, 518 ( 260 SE2d 897 ) (1979).
discussed Cited as authority (rule) Muriel Montia v. First-Citizens Bank & Trust Company
Ga. Ct. App. · 2017 · confidence medium
The petitioner “must assert that [s]he holds some current record title or current prescriptive title, in order to maintain h[er] suit.” Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998) (citation, punctuation and emphasis omitted).
discussed Cited as authority (rule) Gibson v. Gibson
Ga. · 2017 · confidence medium
The trial court’s involuntary dismissal of Wife’s fraudulent transfer and conversion claims pursuant to OCGA § 9-11-41 (b) maybe reversed only if “the evidence demands a contrary finding.” Smith v. Ga. Kaolin Co., 269 Ga. 475, 476 (1) ( 498 SE2d 266 ) (1998) (citation and punctuation omitted).
discussed Cited as authority (rule) William B. Shannon v. The Albertelli Firm, P.C.
11th Cir. · 2015 · confidence medium
Shannon’s claim for conventional quiet title, O.C.G.A. § 23-3-40, fails because Mrs. Shannon did not hold “some current record title or current prescriptive title.” Smith v. Georgia Kaolin Co., Inc., 269 Ga. 475 , 498 S.E.2d 266, 267-68 (1998).
discussed Cited as authority (rule) In re Residential Capital, LLC (2×) also: Cited "see, e.g."
Bankr. S.D.N.Y. · 2015 · confidence medium
(Obj. ¶ 36 (citing Smith v. Ga. Kaolin Co., 269 Ga. 475 , 498 S.E.2d 266, 267-68 (1988); Connolly v. Georgia, 199 Ga.App. 887 , 406 S.E.2d 222, 224 (1991) (“A purchase-money security deed operates as an absolute conveyance of title until the secured indebtedness is fully paid.”)).) In his Opposition, Madzi-moyo appears to have abandoned this claim, admitting through omission that he cannot properly state the cause of action.
discussed Cited as authority (rule) Fred Milani v. One West Bank FSB
11th Cir. · 2012 · confidence medium
A plaintiff pursuing a quiet title action in Georgia "must assert that he holds some current record title or current prescriptive title, in order to maintain his suit." Smith v. Georgia Kaolin Co., Inc., 269 Ga. 475 , 498 S.E.2d 266, 267-68 (1998) (emphasis omitted) (quotation omitted).
discussed Cited as authority (rule) Fred Milani v. One West Bank FSB
11th Cir. · 2012 · confidence medium
A plaintiff pursuing a quiet title action in Georgia “must assert that he holds some current record title or 6 Case: 11-15378 Date Filed: 10/17/2012 Page: 7 of 8 current prescriptive title, in order to maintain his suit.” Smith v. Georgia Kaolin Co., Inc., 498 S.E.2d 266, 267-68 (Ga. 1998) (emphasis omitted) (quotation omitted).
cited Cited as authority (rule) Ritchie v. Metro Tax Investors, Inc.
Ga. · 2005 · confidence medium
Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998).
cited Cited as authority (rule) Hunstein v. Fiksman
Ga. · 2005 · confidence medium
Smith v. Ga. *561 Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998).
examined Cited as authority (rule) Chambers v. Green (3×) also: Cited "see"
Ga. Ct. App. · 2000 · confidence medium
Smith v. Ga. Kaolin Co., 269 Ga. 475, 476 (1) ( 498 SE2d 266 ) (1998).
discussed Cited as authority (rule) Employees' Retirement System v. Martin
Ga. · 2000 · confidence medium
All the Justices concur. 1 See OCGA § 47-2-334 (0 (2). 2 Former OCGA § 47-2-298 (d) (Ga. L. 1990, pp. 993, 996). 3 Former OCGA § 47-2-298 (b) (1-3) (Ga. L. 1990, pp. 993, 994-995). 4 See Ga. L. 1994, p. 738. 5 Horton v. State Employees Retirement System, 262 Ga. 458, 459 ( 421 SE2d 703 ) (1992). 6 242 Ga. 298 ( 248 SE2d 670 ) (1978). 7 Supra. 8 Fulton County School Dist. at 301-302. 9 Horton at 460. 10 Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 ( 498 SE2d 266 ) (1998); Welch v. Welch, 265 Ga. 89, 91 ( 453 SE2d 445 ) (1995).
discussed Cited "see" GIBSON v. GIBSON (2×)
Ga. · 2017 · signal: see · confidence high
See Dallow v. Dallow, 299 Ga. 762, 771 (2) ( 791 SE2d 20 ) (2016). 5 The trial court’s involuntary dismissal of Wife’s fraudulent transfer and conversion claims pursuant to OCGA § 9-11-41 (b) may be reversed only if “the evidence demands a contrary finding.” Smith v. Ga. Kaolin Co., 269 Ga. 475, 476 (1) ( 498 SE2d 266 ) (1998) (citation and punctuation omitted).
examined Cited "see" Northside Hospital Inc. v. E. Kendrick Smith (8×) also: Cited "see, e.g."
Ga. Ct. App. · 2016 · signal: accord · confidence high
At the outset, we note that on appellate review of a bench trial, the factual findings shall not be set aside unless clearly erroneous, and “due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses.”7 Further, 7 Brock Built, LLC v. Blake, 316 Ga. App. 710, 712 ( 730 SE2d 180 ) (2012) (punctuation omitted). 8 in bench trials, the judge sits as trier of fact, and “the court’s findings are analogous to a jury’s verdict and should not be disturbed if there is any evidence to support them.”8 However, we review any questions of law decided…
discussed Cited "see" Linda Stabb v. GMAC Mortgage, LLC (2×)
11th Cir. · 2014 · signal: see · confidence high
See Smith v. Georgia Kaolin Co., Inc., 269 Ga. 475 , 498 S.E.2d 266, 267-68 (1998) (A plaintiff pursuing a quiet title action in Georgia “must assert that [s]he holds some current record title or current prescriptive title, in order to maintain [her] suit”) (emphasis and quotation omitted).
discussed Cited "see" Vereen v. Deutsche Bank National Trust Co. (2×)
Ga. · 2007 · signal: see · confidence high
See generally Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998).
discussed Cited "see" Watkins v. Hartwell Railroad (2×)
Ga. · 2004 · signal: see · confidence high
See Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (2) ( 498 SE2d 266 ) (1998); Mathews v. Logan, 242 Ga. 69, 70 ( 247 SE2d 865 ) (1978).
discussed Cited "see" White v. BDO Seidman, LLP (2×)
Ga. Ct. App. · 2001 · signal: see · confidence high
See Smith v. Ga. Kaolin Co., 269 Ga. 475, 477 (3) ( 498 SE2d 266 ) (1998); Welch v. Welch, 265 Ga. 89, 91 ( 453 SE2d 445 ) (1995).
Retrieving the full opinion text from the archive…
SMITH
v.
GEORGIA KAOLIN COMPANY, INC. Et Al.; DRY BRANCH KAOLIN COMPANY Et Al. v. SMITH
S98A0056, S98X0058.
Supreme Court of Georgia.
Apr 13, 1998.
498 S.E.2d 266
Gordon L. Dickens, Jr., for appellant., Emory A. Wilkerson, Harris & James, John B. Harris, Jr., William C. Harris, Lisa D. Neill-Beckmann, Boone, Scott & Boone, Joseph A. Boone, for appellees.
Carley, Benham, Fletcher, Sears, Hunstein, Hines, Tuten, Thompson.
Cited by 28 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #15,522 of 633,719
Citer courts: Court of Appeals of Georgia (3)
Carley, Justice.

John W. Smith brought a petition to quiet title pursuant to[*476] OCGA § 23-3-60 et seq. and, in addition, sought damages for trespass against Georgia Kaolin Company, Inc. and Dry Branch Kaolin Company (Kaolin Cos.). As to the quiet title action, the trial court granted Kaolin Cos.’ motion for summary judgment, but, in a previous appeal, this Court reversed and remanded, finding that Smith had “demonstrated by written instruments that disputed issues of material fact remain concerning his claim. . . .” Smith v. Ga. Kaolin Co., 264 Ga. 755, 757 (3) (449 SE2d 85) (1994). After remand, the trial court, apparently acting pursuant to OCGA § 9-11-41 (b), dismissed Smith’s complaint, concluding that the documents relied upon by Smith did not establish a current record title and that, at the most, Smith has the possibility of an interest. Smith appeals in Case No. S98A0056, and the Kaolin Cos. cross-appeal in Case No. S98X0058.

1. Smith’s primary contention is that the dismissal of his complaint is in conflict with this Court’s previous decision, as well as previous rulings of the trial court. The record shows, however, that the dismissal occurred in the context of a bench trial held to determine the validity of Smith’s record title. Only Smith presented evidence, and the trial court involuntarily dismissed his complaint sua sponte. See Cramer, Inc. v. Southeastern Office Furniture Wholesale Co., 171 Ga. App. 514, 515 (1) (320 SE2d 223) (1984). Such an involuntary dismissal is authorized by OCGA § 9-11-41 (b) and differs considerably from the grant of summary judgment. A dismissal under OCGA § 9-11-41 (b) does not require the trial court to construe the evidence most favorably for the non-moving plaintiff. Since the trial court determines the facts as well as the law, it necessarily follows that an involuntary dismissal may be warranted “‘“even though plaintiff may have established a prima facie case.” (Cit.)’ [Cit.]” Ivey v. Ivey, 266 Ga. 143, 144 (1) (465 SE2d 434) (1996). Thus, despite the rule that a motion for a directed verdict in a bench trial is construed to be a motion for involuntary dismissal, we cannot treat a dismissal pursuant to OCGA § 9-11-41 (b) the same as a directed verdict in a jury trial, which may be upheld only if the evidence demands a particular verdict. Ross v. A Betterway Rent-a-Car, 213 Ga. App. 288 (1) (444 SE2d 604) (1994); Martin v. Ga. Stone &c. Mfg., 157 Ga. App. 92 (276 SE2d 141) (1981).

At a bench trial, the trial court “can determine when essential facts have not been proved.” [Cit.] The trial court’s “determination as a trier of fact will be reversed only where the evidence demands a contrary finding.” [Cit.]

Ivey v. Ivey, supra at 144 (1). As the present procedural posture differs substantially from that in which the previous trial and appellate rulings were made, we conclude that those rulings do not control our[*477] review of this appeal.

2. In “suits regarding title to land the plaintiff’s right to recovery or relief depends upon the strength of his own title to the realty involved, not the weakness of his opponents[’ evidence].” North Ga. Production Credit Assn. v. Vandergrift, 239 Ga. 755, 761 (2) (238 SE2d 869) (1977). “The 1966 Quiet Title Act was designed to broaden the relief available by supplementing and not supplanting the quia timet procedure. [Cit.]” In re Rivermist Homeowners Assn., 244 Ga. 515, 517 (260 SE2d 897) (1979). “[E]ven under the relaxed standard of the new law a plaintiff must assert that he holds some current record title or current prescriptive title, in order to maintain his suit.” (Emphasis in original.) In re Rivermist Homeowners Assn., supra at 518.

To prove that the disputed property had been conveyed to him as part of a larger tract, Smith sought to trace unbroken record title in the disputed property to a 1903 devise to Carrie Burney. See Addison v. Reece, 263 Ga. 631, 632 (2) (436 SE2d 663) (1993). Although Ms. Burney may have had record title to the disputed property through a 1903 quitclaim deed, she died intestate and there is no deed from her or her administrator. There is a security deed from three people who share her last name, but no recital therein or other indication that these are her heirs at law. Compare Herrington v. Church of the Lord Jesus Christ, 222 Ga. 542, 544 (1) (150 SE2d 805) (1966). In order to support Smith’s contention that his chain of title to the disputed property was complete, it was necessary to show title from Ms. Bur-ney. Hansen v. Owens, 132 Ga. 648, 649-650 (64 SE 800) (1909). Thus, as Smith makes no claim that he or his predecessors acquired prescriptive title, he should have produced some probative evidence that the three people who executed the security deed were Ms. Bur-ney’s heirs at law, and that they were the only heirs at law or how many heirs at law there were. Hansen v. Owens, supra at 653; Overby v. Phelps, 150 Ga. 293 (103 SE 431) (1920).

A finding in favor of Smith was not demanded by the evidence at the bench trial. See Addison v. Reece, supra at 632 (2); Woodard v. Bowen, 213 Ga. 185, 188 (3) (97 SE2d 573) (1957). Accordingly, the trial court did not err by dismissing Smith’s complaint pursuant to OCGA § 9-11-41 (b). See Ivey v. Ivey, supra at 144 (1).

3. As Smith failed to prove ownership of the disputed property, issues regarding his trespass claim are moot. See Goodyear v. Trust Co. Bank, 247 Ga. 281, 284 (1) (276 SE2d 30) (1981). The Kaolin Cos.’ defensive cross-appeal is also moot and must be dismissed. Welch v. Welch, 265 Ga. 89, 91 (453 SE2d 445) (1995).

Judgment affirmed in Case No. S98A0056. Appeal dismissed in Case No. S98X0058.

Benham, C. J., Fletcher, P. J., Sears, Hunstein, [*478] Hines, JJ., and Judge James R. Tuten, Jr., concur. Thompson, J, disqualified. Decided April 13, 1998 Reconsideration denied May 22,1998. Gordon L. Dickens, Jr., for appellant. Emory A. Wilkerson, Harris & James, John B. Harris, Jr., William C. Harris, Lisa D. Neill-Beckmann, Boone, Scott & Boone, Joseph A. Boone, for appellees.