Jennifer McIntyre v. Jeffrey Moss, Trustee

• Court: Court of Appeals of Georgia
• Decided: July 19, 2018
• Docket: A18D0526
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 16, 2018

The Court of Appeals hereby passes the following order:

A18D0526. JENNIFER MCINTYRE v. JEFFREY MOSS, TRUSTEE.

Jeffrey Moss, as Trustee of the Louis H. Moss Living Trust and as Power of Attorney, petitioned for a declaratory judgment in Fulton County superior court. The trial court subsequently granted Moss’s motion for summary judgment, and respondent Jennifer McIntyre filed this application for discretionary appeal.1 Orders granting summary judgment may be appealed directly; no application is necessary. See OCGA § 9-11-56 (h); Whiddon v. Stargell, 192 Ga. App. 826, 828 (386 SE2d 884) (1989).2 If a party timely applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j). Thus, this application for discretionary appeal is hereby GRANTED. McIntyre shall have ten days from the date of this order to file a notice of appeal, if she has not already done

1 McIntyre filed her application in the Supreme Court, which transferred the matter to this Court. 2 Based on the application materials, no provision of OCGA § 5-6-35 appears to apply here. so. The clerk of the superior court is directed to include a copy of this order in the appeal record transmitted to this Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/16/2018 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.