In Your Dreams Farm Inc. v. Raisin's Ranch, LLC ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 20, 2018
The Court of Appeals hereby passes the following order:
A18I0222. IN YOUR DREAMS FARM INC., et al. v. RAISIN’S RANCH, LLC.
Raisin’s Ranch LLC filed an action against In Your Dreams Farm, Inc., Anita
J. Ryan, and Eurimports Equestrial, LLC seeking a declaratory judgment that a
purported easement located on its property and adjacent to two parcels of property
owned by Ryan is not valid and never existed. The parties filed cross-motions for
summary judgment, seeking a ruling as a matter of law on the validity of the
easement. The trial court granted Raisin’s Ranch LLC’s motion and denied that of
the defendants, concluding that no valid, express easement was created, expressly
stating that the defendants’ motion was denied for the same reasons it granted Raisin
Ranch’s motion. The defendants seek interlocutory review of this ruling.
Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or
as to any party is reviewable by direct appeal. See City of Demorest v. Town of Mt.
Airy, 282 Ga. 653, 654 n.1 (653 SE2d 43) (2007); Whiddon v. Stargell, 192 Ga. App.
826, 827-828 (386 SE2d 884) (1989). We will grant a timely application for
interlocutory appeal if the order complained of is directly appealable and the
applicant has not already filed a timely notice of appeal. See Spivey v. Hembree, 268
Ga. App. 485, 486 n.1 (602 SE2d 246) (2004). Accordingly, this interlocutory
application is hereby GRANTED. Defendants shall have ten days from the date of
this order to file a notice of appeal in the trial court. If they have already filed a timely
notice of appeal from the order at issue here, they need not file a second notice. The
clerk of the trial court is directed to include a copy of this order in the record
transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/20/2018
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.