Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee

Court of Appeals of Georgia

Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee

DecidedSeptember 21, 2015

DocketA16D0004

StatusPublished

This text of Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee (Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee, (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 15, 2015

The Court of Appeals hereby passes the following order:

A16D0004. CHRISTINE T. STONE v. BANK OF NEW YORK MELLON, f/k/a BANK OF NEW YORK AS TRUSTEE.

Christine T. Stone filed an application for discretionary appeal in this Court in which she challenged a writ of possession issued by the trial court on July 8, 2015. We dismissed the application as moot, noting that we affirmed the judgment of the trial court in Stone’s case in an unpublished opinion. See Case No. A15D0502, dismissed July 29, 2015, citing Stone v. Bank of New York Mellon, Case No. A11A0314 (decided March 8, 2011). Christine T. Stone filed this application for discretionary review in the Supreme Court, challenging the same order. The Supreme Court transferred the application to this Court for lack of jurisdiction. For the reasons set forth in our prior order, this application for discretionary appeal must be DISMISSED. “It is axiomatic that the same issue cannot be relitigated ad infinitum.” (Punctuation omitted.) Nally v. Bartow County Grand Jurors, 280 Ga. 790, 791 (3) (633 SE2d 337) (2006). In attempting to litigate the same issue multiple times, Stone has filed an application that has no basis in law and is thus frivolous. This Court is empowered to impose sanctions upon a party who files a frivolous application for discretionary appeal. See Court of Appeals Rule 15 (b). We caution Stone against filing future motions or pleadings in this Court that have no substantial basis in law as such may result in the imposition of sanctions. Court of Appeals of the State of Georgia 09/15/2015 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ September 15, 2015

The Court of Appeals hereby passes the following order:

A16D0004. CHRISTINE T. STONE v. BANK OF NEW YORK MELLON, f/k/a BANK OF NEW YORK AS TRUSTEE.

Christine T. Stone filed an application for discretionary appeal in this Court in which she challenged a writ of possession issued by the trial court on July 8, 2015. We dismissed the application as moot, noting that we affirmed the judgment of the trial court in Stone’s case in an unpublished opinion. See Case No. A15D0502, dismissed July 29, 2015, citing Stone v. Bank of New York Mellon, Case No. A11A0314 (decided March 8, 2011). Christine T. Stone filed this application for discretionary review in the Supreme Court, challenging the same order. The Supreme Court transferred the application to this Court for lack of jurisdiction. For the reasons set forth in our prior order, this application for discretionary appeal must be DISMISSED. “It is axiomatic that the same issue cannot be relitigated ad infinitum.” (Punctuation omitted.) Nally v. Bartow County Grand Jurors, 280 Ga. 790, 791 (3) (633 SE2d 337) (2006). In attempting to litigate the same issue multiple times, Stone has filed an application that has no basis in law and is thus frivolous. This Court is empowered to impose sanctions upon a party who files a frivolous application for discretionary appeal. See Court of Appeals Rule 15 (b). We caution Stone against filing future motions or pleadings in this Court that have no substantial basis in law as such may result in the imposition of sanctions. Court of Appeals of the State of Georgia 09/15/2015 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.

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Christine T. Stone v. Bank of New York Mellon, F/K/A Bank of New York as Trustee, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christine-t-stone-v-bank-of-new-york-mellon-fka-ba-gactapp-2015.

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