Cornelius Haston, Jr. v. Shapiro, Swertfeger & Hasty, LLP

• Court: Court of Appeals of Georgia
• Decided: November 17, 2014
• Docket: A15A0353
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 17, 2014

The Court of Appeals hereby passes the following order:

A15A0353. HASTON et al. v. SHAPIRO & SWERTFEGER, LLP et al.

Appellants filed a pauper’s affidavit stating that they were unable to pay the costs of filing an appeal. Appellees then filed a traverse challenging the truth of those affidavits. “The truth of a pauper’s affidavit must be traversed in the trial court.” (Citation omitted.) Golden v. Newsome, 173 Ga. App. 321 (326 SE2d 521) (1985). Consequently, we REMAND the case to the trial court to make a finding on the question of Appellants’ indigency. See Mapp v. We Care Transp. Servs., Inc., 314 Ga. App. 391, 393-394 (1) (724 SE2d 790) (2012) (remanding case for trial court to consider the truth of the affidavits of indigence).

Court of Appeals of the State of Georgia 11/17/2014 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.