In Re: The Estate of Weston D. Baxter

• Court: Court of Appeals of Georgia
• Decided: August 10, 2015
• Docket: A15A2195
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 05, 2015

The Court of Appeals hereby passes the following order:

A15A2195. IN RE: THE ESTATE OF WESTON D. BAXTER, DECEASED.

Taylor L. Baxter filed this direct appeal from the probate court’s order ruling that the executor of Weston D. Baxter’s estate may compromise the claim of the deceased’s ex-wife. “Direct appeals are generally authorized from lower court orders that are final, meaning that there are no issues remaining to be resolved in the lower court.” Mays v. Rancine-Kinchen, 291 Ga. 283, 284 (729 SE2d 321) (2012). Here, however, the probate court’s order also denied the executor’s request to approve a final settlement of the estate and ruled that it would “entertain [a global settlement agreement] at a future date.” Accordingly, the order is interlocutory, as it leaves matters pending below. Baxter was required to follow the interlocutory appeal procedures of OCGA § 5-6-34 (b) to obtain review at this juncture. See Mays, supra; Brandy v. Elmo, 280 Ga. 221, 222 (626 SE2d 505) (2006). Baxter’s failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/05/2015 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.