City Dalton v. Smith Et Al. Book Reviews

City Dalton v. Smith Et Al. by Court of Appeals of Georgia Book Summary

The City of Dalton filed a petition to condemn land owned by Mark and Terry Smith. The superior court appointed a special master to conduct the condemnation proceeding. The special master awarded the Smiths $182,000 as the fair market value of the condemned property. The Smiths appealed to the superior court, challenging the special master's finding as to the property's value. The jury returned a verdict in favor of the Smiths in the amount of $271,126. The court entered final judgment on the verdict. The city appeals from that judgment. 1. The city argues that the court erred in charging the jury on the statute of frauds requirement that a contract concerning an interest in land must be in writing to be binding because the Smiths waived an affirmative defense based on the statute of frauds by failing to raise it in the pleadings. See Brantley Co. v. Simmons, 196 Ga. App. 233, 234 (395 S.E.2d 656) (1990). We cannot consider this argument because the trial transcript reveals that the city's objection to the statute of frauds charge was made on other grounds, ""and on appeal only issues properly raised before the trial court will be considered."" (Citations and punctuation omitted.) Zappa v. Auto. Precision Machinery, 205 Ga. App. 584, 585 (4) (423 S.E.2d 286) (1992); Ramey v. Leisure, Ltd., 205 Ga. App. 128, 133 (3) (421 S.E.2d 555) (1992). ""Where an entirely different objection is presented on appeal, we cannot consider it because this is a court for review and correction of error committed in the trial court."" (Citations and punctuation omitted.) Walls v. State, 204 Ga. App. 348, 349 (2) (419 S.E.2d 344) (1992).

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