Removal of nonrecordable lis pendens.

- Although O.C.G.A. § 44-14-612 provides means for recording the removal of a properly filed notice of lis pendens, a lis pendens not entitled to be recorded may be removed by court order by means and for causes other than those prescribed in that section. Hill v. L/A Mgt. Corp., 234 Ga. 341, 216 S.E.2d 97 (1975).

Cancelling notice of lis pendens.

- Although a trial court improperly considered the merits of certain out-of-state litigation in determining that a lis pendens required cancellation, the cancellation was upheld as the out-of-state court no longer had subject matter jurisdiction over the Georgia property. Boca Petroco, Inc. v. Petroleum Realty II, LLC, 292 Ga. App. 833, 666 S.E.2d 12 (2008).

Although O.C.G.A. § 44-14-612 now directs the clerk to indicate on the face of the recorded lis pendens notice a dismissal, settlement, or final judgment entered in the underlying action, no reversal was required based on the clerk's failure to do so because, following the appeal, the judgment releasing the lis pendens was final and no further appeal was possible. Therefore, any error was harmless. Arko v. Cirou, 305 Ga. App. 790, 700 S.E.2d 604 (2010).

Slander of title.

- Summary judgment was properly granted to real property buyers in an action by the sellers, alleging slander of title under O.C.G.A. § 51-9-11, as the sellers failed to assert actionable claims where lis pendens filed against the property were proper and privileged under O.C.G.A. § 51-5-8; further, any failure to remove or properly mark the lis pendens pursuant to O.C.G.A. § 44-14-612 after the sellers voluntarily dismissed the claim did not form the basis of a slander of title claim against the buyers. Exec. Excellence, LLC v. Martin Bros. Invs., LLC, 309 Ga. App. 279, 710 S.E.2d 169 (2011).

Cited in Godfrey v. City of Cochran, 208 Ga. 149, 65 S.E.2d 605 (1951); Roan v. Cranston, 173 Ga. App. 747, 327 S.E.2d 856 (1985); Zohoury v. Zohouri, 218 Ga. App. 748, 463 S.E.2d 141 (1995).

Am. Jur. 2d.

- 51 Am. Jur. 2d, Lis Pendens, §§ 46, 58.

C.J.S.

- 54 C.J.S., Lis Pendens, § 24 et seq.

ALR.

- Statute requiring filing of formal notice of lis pendens in certain classes of cases as affecting common-law doctrine of lis pendens in other cases, 10 A.L.R. 306.