WS CE Resort Owner, LLC v. Holland

368 Ga.App. 873

891 S.E.2d 440 (Mem)

WS CE RESORT OWNER, LLC v. HOLLAND et al.

A21A0329

Court of Appeals of Georgia.

August 4, 2023

John O'Shea Sullivan, Julie Louise Sellers, Kevin Robert Stone, for Appellant.

Jeffrey Spencer Haymore, John Elwin Stell Jr., Winder, Julie Louise Sellers, Randolph Baxter Russell, for Appellee.

Miller, Presiding Judge.

In WS CE Resort Owner, LLC v. Holland , 360 Ga. App. 720, 860 S.E.2d 637 (2021), we affirmed the trial court's denial of WS CE Resort Owner, LLC's ("CE Owner") motion for summary judgment and the trial court's grant of summary judgment to Evelyn McCarthy and Thomas and Connie Holland ("the plaintiffs"), but we reversed the trial court's order awarding attorney fees to the plaintiffs. Id. at 724-737 (1) - (3), 860 S.E.2d 637. The Supreme Court of Georgia subsequently vacated our decision in WS CE Resort Owner, LLC v. Holland , 315 Ga. 691, 884 S.E.2d 282 (2023), and left "to the courts below" to determine, under a new framework, "whether the evidence, taken as a whole, demonstrates clear intent to grant an easement in the property in question." Id. at 706 (2) (d), 884 S.E.2d 282. We therefore vacate our earlier opinion, adopt the Supreme Court of Georgia's opinion as our own, vacate the judgment of the trial court, and remand the case for further proceedings consistent with the Supreme Court of Georgia's opinion.

Judgment vacated and case remanded with direction.

Hodges and Pipkin, JJ., concur.