In Re ESTATE OF JAMES LYNN HILL, 340 Ga. App. 39

Paul, executrix of James L. Hill's estate, probates the will and sends notice to Hill.
Hill files a late caveat alleging duress, undue influence, and lack of sound mind, admitting the objection is untimely.
Paul delays dismissing the caveat, later departs with different counsel, and preparation for a deposition occurs over months.
Hill seeks continuances; trial dates are set and then reset multiple times for December 2015.
In December 2015, Paul moves to dismiss the untimely caveat; probate court grants the motion.
Hill appeals to the superior court, which grants summary judgment favoring Paul; Hill timely appeals to this court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Paul waived the default by conduct	Hill argues Paul waived default by delaying and pursuing merits.	Hill contends no waiver occurred; default rights remain intact.	Yes, waiver occurred; Hill prevails on waiver.
Whether the default judgment rule applies to probate caveats	Waiver analysis applies; default not enforceable due to conduct.	Default statute supports dismissal for untimely caveat.	Default rule not controlling due to waiver by conduct.
Whether the superior court properly reviewed the probate record de novo	De novo review requires consideration of all records and merits.	Standard review is as an appeal with de novo consideration of probate.	Court reviews de novo; however, reversal on waiver grounds controls.

Laurel Baye Healthcare of Macon, LLC. v. Neubauer, 315 Ga. App. 474 (Ga. App. 2012) (waiver of default when conduct inconsistent with right to default)
Davis v. Wallace, 310 Ga. App. 340 (Ga. App. 2011) (motion for default too little too late when merits pursued)
Ward v. Swartz, 285 Ga. App. 788 (Ga. App. 2007) (waiver factors include case calendar and discovery requests)
In re Estate of Loyd, 328 Ga. App. 287 (Ga. App. 2014) (issues not raised or ruled on cannot serve as precedent)