Celeste Glass-Francis v. Allen M. McKeown

Opinion

Court of Appeals of the State of Georgia ATLANTA,_________________ June 21, 2012

The Court of Appeals hereby passes the following order:

A12A2025. IN RE: ESTATE OF MARTHA ANN FLOYD.

In July of 2010, Allen McKeown, as executor, filed a petition for letters testamentary for the will of Martha Ann Floyd. Celeste Glass-Francis, Floyd’s granddaughter, filed a caveat and objection to the petition. In March of 2011, the DeKalb County Probate Court entered an order probating the will, in which it ordered the executor to file a petition for declaratory judgment to rule on any ambiguities in the will. The parties entered a consent agreement, which resolved the petition. Five months later, Glass-Francis filed a motion to set aside the consent order under OCGA § 9-11-60 (d). The trial court denied the motion, and Glass-Francis filed this notice of appeal. An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see Conseco Finance Servicing Corp. v. Hill, 252 Ga. App. 774, 780 (7) (556 SE2d 468) (2001). Glass-Francis’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is accordingly DISMISSED. Court of Appeals of the State of Georgia 06/21/2012 Clerk’s Office, Atlanta,_________________ 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.