Czyz v. Czyz

Supreme Court of Georgia

Czyz v. Czyz

242 S.E.2d 585, 240 Ga. 806, 1978 Ga. LEXIS 837

CourtSupreme Court of Georgia

DecidedFebruary 22, 1978

Docket33257

StatusPublished

Cited by6 cases

This text of 242 S.E.2d 585 (Czyz v. Czyz) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Czyz v. Czyz, 242 S.E.2d 585, 240 Ga. 806, 1978 Ga. LEXIS 837 (Ga. 1978).

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Opinion

Nichols, Chief Justice.

Appellant Roberta Czyz filed a complaint entitled "Equitable Petition to Cancel Deeds,” demanding, inter alia, that the trial court issue an order canceling two warranty deeds from George Czyz to Susan Czyz and placing the real property conveyed by the warranty deeds into the name of George Czyz. Appellant Roberta Czyz made no attempt to amend the complaint to meet the appellee Susan Czyz’ motion to dismiss for failure to join an indispensable party; rather, she insisted that an amendment was not necessary. The trial court granted the motion to dismiss on the ground that the grantor of the deeds, George Czyz, had not been made a party to this action.

The order of the trial court is affirmed. "A court of equity cannot decree the cancellation of a deed unless the parties to the deed, or their representatives, are made parties to the action.” Jackson v. Watts, 223 Ga. 70 (154 SE2d 195) (1967). See also Emhart Corp. v. McLarty, 226 Ga. 621 (176 SE2d 698) (1970).

Judgment affirmed.

All the Justices concur.

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Nichols, Chief Justice.

Appellant Roberta Czyz filed a complaint entitled "Equitable Petition to Cancel Deeds,” demanding, inter alia, that the trial court issue an order canceling two warranty deeds from George Czyz to Susan Czyz and placing the real property conveyed by the warranty deeds into the name of George Czyz. Appellant Roberta Czyz made no attempt to amend the complaint to meet the appellee Susan Czyz’ motion to dismiss for failure to join an indispensable party; rather, she insisted that an amendment was not necessary. The trial court granted the motion to dismiss on the ground that the grantor of the deeds, George Czyz, had not been made a party to this action.

The order of the trial court is affirmed. "A court of equity cannot decree the cancellation of a deed unless the parties to the deed, or their representatives, are made parties to the action.” Jackson v. Watts, 223 Ga. 70 (154 SE2d 195) (1967). See also Emhart Corp. v. McLarty, 226 Ga. 621 (176 SE2d 698) (1970).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

242 S.E.2d 585, 240 Ga. 806, 1978 Ga. LEXIS 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/czyz-v-czyz-ga-1978.

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