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POWERS v. CDSAXTON PROPERTIES, LLC

No. S09A0092.

676 S.E.2d 186 (2009)

POWERS v. CDSAXTON PROPERTIES, LLC.

Supreme Court of Georgia.

April 28, 2009.

Attorney(s) appearing for the Case

Ranitz, Mahoney & Mahoney, Thomas J. Mahoney, Jr., Savannah, for appellant.

Thomas R. Herndon, Brannen, Searcy & Smith, Charles V. Loncon, Savannah, for appellee.

Troutman Sanders, T. Jerry Jackson, Kevin G. Meeks, amici curiae.

HUNSTEIN, Presiding Justice.

This tax sale case presents the question whether, when no valid levy occurs because of a defect in the writ of execution, the issuance of the notice of levy required by OCGA § 48-3-9 can serve as a seizure of the property so as to "cure" the defect in the writ of execution. We conclude that the actual notice provided by the notice of levy is not a legal substitute for a valid levy and, accordingly, affirm the trial court.

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