In Re: Estate of Bernice J. Hendricks

• Court: Court of Appeals of Georgia
• Decided: September 24, 2014
• Docket: A15D0046
• Status: Published

Opinion

Court of Appeals of the State of Georgia

September 24, 2014 ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15D0046. IN RE: ESTATE OF BERNICE J. HENDRICKS, DECEASED.

Danielle Garcia filed this application for discretionary appeal from a final order of the Probate Court of Columbia County admitting the above deceased’s will for probate and appointing Chawaka Bell as the estate’s executor. Under OCGA § 15-9- 123 (a), a party in a civil case in probate court shall have the right of appeal to an appellate court without first seeking review in superior court. See Ellis v. Johnson, 291 Ga. 127, 128 n.1 (728 SE2d 200) (2012). A probate court is defined as “a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census.” OCGA § 15-9-120 (2). According to the 2010 census, Columbia County had a population of 124,053. Because the Probate Court of Columbia County meets the statutory definition of a probate court, Garcia had a right of direct appeal to this Court, and no application was required. See O’Regan v. Brennan, 204 Ga. App. 50 (418 SE2d 389) (1992). Accordingly, the application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). Garcia shall have ten days from the date of this order to file a notice of appeal in the probate court. OCGA § 5-6-35 (g). The clerk of the probate court is directed to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 09/24/2014 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.