Sherman v. Fulton County Board of Assessors
Sherman v. Fulton County Board of Assessors
Opinion of the Court
In this case, John Sherman seeks to represent a class of persons owning taxable real property in Fulton County, and he appeals from the denial of his motion to certify a class. When a court decides a motion to certify a class:
[TJhe court shall enter a written order addressing whether the factors required by [OCGA § 9-11-23] for certification of a class have been met and specifying the findings of fact and conclusions of law on which the court has based its decision with regard to whether each such factor has been established.
OCGA § 9-11-23 (f) (3). Here, the court below failed to do these things in its one-page order denying the motion to certify a class. It did not specifically address any of the factors required by OCGA § 9-11-23, it did not make any findings of fact, and it did not reach any
Judgment vacated and case remanded with direction.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.