Supreme Court of Georgia
McBee v. Aspire at West Midtown Apartments, L.p
October 30, 2017
Summary
The Supreme Court of Georgia affirmed the trial court’s order denying Aspire’s motion to dismiss the McBees’ appeal, but reversed the trial court’s grant of summary judgment to Aspire on the McBees’ adverse‑possession claim and remanded for further consideration of Aspire’s remaining summary‑judgment arguments. The Court held that the presumption of a good‑faith claim of right applies and that the quit‑claim deed does not conclusively defeat that presumption, creating a genuine issue of fact.