SOTTER v. Stephens
291 Ga. 79
| Ga. | 2012Background
- deed of gift (1947) naming Florence as trustee for donor's children; Marvin born after deed.
- Florence died intestate (1999); Call appointed successor administrator and sought authority to sell trust real property and to bar other claims; trial court appointed Call as successor trustee (2006).
- Call sold property; subsequent hearings led to May 22, 2008 order denying claims except directing proceeds to surviving children and noting attorney fees for Maria White; Myron did not appeal; Robert E. White’s appeal was untimely and dismissed (2009).
- July 20, 2010 order held Robert E. White lacked standing to object to accounting; further appeals were attempted by Myron and Robert E. White (2011).
- September 14, 2011 order dismissed timely filed direct appeals; mandamus petition filed (Sept. 26, 2011); trial court denied mandamus (Oct. 20, 2011).
- Judgment reversed and remanded with direction to allow mandamus relief to permit direct appeals from the June 7, 2011 order and related orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether May 22, 2008 and July 20, 2010 orders were final judgments. | White(s) contend interlocutory; June 7, 2011 is final. | Stephens argues finality for May 2008/July 2010; timing governs appeals. | Not final judgments; June 7, 2011 final judgment for direct appeal. |
| Whether the June 7, 2011 order is directly appealable under OCGA 5-6-34(a)(1). | Appellants may appeal the June 7, 2011 order directly. | Trial court denied direct appeal rights; dismissal proper. | Yes, June 7, 2011 order is a direct-appeal final judgment. |
| Whether the September 14, 2011 dismissal of direct appeals barred further review. | Dismissal denied; timely direct appeals pending. | Dismissal proper; no right to review dismissed appeals. | Judge erred; mandamus proper to permit filing of notices of appeal. |
| Whether mandamus is appropriate to compel permission to file notices of appeal. | Indirect remedy unavailable; mandamus necessary. | No mandamus if adequate remedy at law; appeal rights did exist. | Mandamus proper to compel permission to file notices of appeal. |
Key Cases Cited
- American Medical Security Group v. Parker, 284 Ga. 102 (Ga. 2008) (direct appeal from order dismissing proper direct appeal permissible)
- CitiFinancial Services v. Holland, 310 Ga.App. 480 (Ga. App. 2011) (finality or lack thereof in orders with pending claims)
- Bandy v. Elmo, 280 Ga. 221 (Ga. 2006) (interlocutory nature due to pending final accounting)
- In re Estate of Sims, 246 Ga.App. 451 (Ga. App. 2000) (finality tied to pending accounting/claims)
- Jones v. Singleton, 253 Ga. 41 (Ga. 1984) (damages residuals retain interlocutory status)
- Hadid v. Beals, 233 Ga.App. 5 (Ga. App. 1998) (title of order final not determinative of finality)
- Rhymes v. East Atlanta Church of God, 284 Ga. 145 (Ga. 2008) (final judgments require explicit no-just-reason-for-delay determination)
- Mitchell v. Oliver, 254 Ga. 112 (Ga. 1985) (defective interlocutory review does not preclude later review)
- Canoeside Properties v. Livsey, 277 Ga. 425 (Ga. 2003) (interlocutory review defects do not foreclose later appeals)
- Stone v. King, 196 Ga.App. 251 (Ga. App. 1990) (attorney-fee awards may be post-judgment but affect finality)