Do I get a jury trial in a quiet title action?

JuryBox1Whether or not you get a jury trial in a quiet title action depends upon the type of quiet title action.

In a conventional quiet title action, the Georgia Supreme Court has held that there is no right to a jury trial.  See Davis v. Harpagon Co., LLC, 637 S.E.2d 1, 281 Ga. 250 (2006) (“Davis contends that the special master erred by denying her right to a jury trial in Harpagon’s quiet title action. Because this action was brought pursuant to the conventional quia timet statute, OCGA § 23-3-40, Davis had no right to a jury trial.”).

However, in a quiet title action against all the world, if it is requested by any party or by the special master, then a jury trial will be held upon questions of fact. O.C.G.A. 23-3-66 (“…any party to this proceeding may demand a trial by a jury of any question of fact; provided, further, that the master on his own initiative may require a trial by a jury of any question of fact. ).  Questions of law, however, will be resolved by the judge.

Click here for Quiet Title Lawyer Jim Fletcher's Bio: http://JimFletcher.net/

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