In Re: Estate of Johnnie Lee Salters

• Court: Court of Appeals of Georgia
• Decided: October 17, 2024
• Docket: A25A0394
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 17, 2024

The Court of Appeals hereby passes the following order:

A25A0394. IN RE: ESTATE OF JOHNNIE LEE SALTERS, DECEASED.

In this probate matter, Marcus Salters challenges the order of the probate court finding the existence of a common law marriage between Denise Salters and the decedent. We, however, lack jurisdiction to consider this direct appeal. Appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.”OCGA § 5-6-34 (a) (1); See Paine v. Nations, 301 Ga. App. 97, 99 (1) (686 SE2d 896) (2009). Here, the trial court’s order regarding the existence of a common law marriage was a non-final order that did not resolve all issues in this case, which remains pending below. Thus, Marcus was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal that order. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). His failure to do so deprives us of jurisdiction over this direct appeal. See Bailey, 266 Ga. at 833. Therefore, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/17/2024 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.