Bruce G. Born v. L. Scott Born

• Court: Court of Appeals of Georgia
• Decided: November 19, 2021
• Docket: A22I0061
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 09, 2021

The Court of Appeals hereby passes the following order:

A22I0061. BRUCE G. BORN et al. v. L. SCOTT BORN et al.

In this application for interlocutory appeal, the applicants seek review of a trial court order that is the subject of direct appeal in Case No. A22A0417, L. Scott Born et al. v. Bruce G. Born et al. As part of their response to that appeal, the applicants will be able to raise their challenges to the trial court’s summary judgment order. See Ga. Soc’y of Plastic Surgeons v. Anderson, 257 Ga. 710, 711 (363 SE2d 140) (1987) (“[A] ruling that becomes material to an enumeration of error urged by an appellant may be considered by the appellate court without the necessity of a cross-appeal.”). Accordingly, the instant application is hereby DENIED as superfluous.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/09/2021 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.