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2018 Georgia Code 23-3-68 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 23-3-68 Case Law from Google Scholar Amendments to OCGA 23-3-68

TITLE 23 EQUITY

Section 3. Equitable Remedies And Proceedings Generally, 23-3-1 through 23-3-127.

ARTICLE 3 QUIA TIMET

23-3-68. Compensation of master and representative; taxing as part of costs.

The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be paid to any representative in the nature of a guardian ad litem appointed under this part. These fees are to be taxed in the discretion of the court as a part of the costs.

(Ga. L. 1966, p. 443, § 8.)

JUDICIAL DECISIONS

The award of compensation to the special master is a part of the costs under this section and does not affect the finality of the judgment for purposes of appeal. Green v. Kaplan, 237 Ga. 602, 229 S.E.2d 369 (1976).

Jurisdiction to order special master fees.

- Filing of a notice of appeal in the underlying action deprived a trial court of jurisdiction to thereafter order the payment of interim fees to a special master because ultimate responsibility for the fees was directly related to the resolution of the quiet title action that was not yet fully resolved at the time the trial court taxed the special master's fee as costs of the action. Under such circumstances, the award of the special master's fee was improper. Avren v. Garten, 289 Ga. 186, 710 S.E.2d 130 (2011).

No hearing required.

- O.C.G.A. § 23-3-68 did not require a hearing before the trial court as to the reasonableness of a special master's fees and costs; moreover, the trial court had discretion to apportion costs between the parties, and the allocation of costs was not controlled by which party prevailed. In part because taxpayers did not prevail on their claims against an assignee of the title to their property, the trial court did not err in assigning them 25 percent of the special master's fees. Boyd v. JohnGalt Holdings, LLC, 294 Ga. 640, 755 S.E.2d 675 (2014).

Award of fees was not an abuse of discretion.

- A trial court's order awarding a special master $9,500 in fees, to be borne equally by the parties in a quiet title/adverse possession case, was not an abuse of discretion. Simmons v. Cmty. Renewal & Redemption, LLC, 286 Ga. 6, 685 S.E.2d 75 (2009).

Cited in Capers v. Camp, 244 Ga. 7, 257 S.E.2d 517 (1979); In re Rivermist Homeowners Ass'n, 244 Ga. 515, 260 S.E.2d 897 (1979).

Cases Citing O.C.G.A. § 23-3-68

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Avren v. Garten, 710 S.E.2d 130 (Ga. 2011).

Cited 34 times | Published | Supreme Court of Georgia | May 16, 2011 | 289 Ga. 186, 2011 Fulton County D. Rep. 1466

...e issue of material fact remained and thereafter had sought interim payment of his fees. In an action to quiet title, the special master's compensation is fixed by the trial court and "taxed in the discretion of the court as part of the costs." OCGA § 23-3-68....
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Simmons v. Cmty. Renewal & Redemption, LLC, 685 S.E.2d 75 (Ga. 2009).

Cited 19 times | Published | Supreme Court of Georgia | Oct 19, 2009 | 286 Ga. 6, 2009 Fulton County D. Rep. 3318

...84, 85(1), 555 S.E.2d 17 (2001) (discovery error harmless where information was immaterial under circumstances of the case). 4. Simmons claims that the trial court erred in awarding the special master $9,500 in fees, with each party required to pay half of those fees. OCGA § 23-3-68 provides that "[t]he court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part.......
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Boyd v. Johngalt Holdings, LLC, 294 Ga. 640 (Ga. 2014).

Cited 17 times | Published | Supreme Court of Georgia | Mar 3, 2014 | 755 S.E.2d 675, 2014 Fulton County D. Rep. 357

...The Boyds next claim that the special master erred when he awarded and allocated his own fees, and the trial court erred, they contend, when it 17 accepted and approved that compensation without notice or a hearing. The Boyds were ordered to pay 25% of $18,700 in fees. OCGA § 23-3-68 requires the court to fix a reasonable compensation to be paid to the special master and to be taxed in the court’s discretion as part of the costs....
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Johnson v. Red Hill Assocs., Inc., 602 S.E.2d 572 (Ga. 2004).

Cited 9 times | Published | Supreme Court of Georgia | Sep 13, 2004 | 278 Ga. 334, 2004 Fulton County D. Rep. 2949

...jury trial in an action for quia timet against all the world. This action, however, was brought pursuant to OCGA § 23-3-40 et seq., the conventional quia timet statute. In OCGA § 23-3-43, the special master provisions of OCGA §§ 23-3-63 through 23-3-68 are adopted for conventional quia timet, but the right to a jury trial is specifically excluded....
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Nix v. 230 Kirkwood Homes, LLC, 300 Ga. 91 (Ga. 2016).

Cited 3 times | Published | Supreme Court of Georgia | Nov 7, 2016 | 793 S.E.2d 402

...ll be paid prior to the filing of any appeal from the judgment of the court[,]” there is no such stated requirement in the Quiet Title Act with respect to the payment of fees for a special master appointed under the terms of that Act. Indeed, OCGA § 23-3-68 merely states: The court shall fix a reasonable compensation, not less than $50.00, to be paid to the master appointed under this part and shall fix the compensation to be paid to any representative in the nature of a guardian ad litem appointed under this part....