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In Re Estate of Alana Champion Chavez
Citation: Not availableDocket: A19A0117
Court: Court of Appeals of Georgia; August 27, 2018; Georgia; State Appellate Court
Original Court Document: View Document
On June 16, 2017, the DeKalb County Probate Court admitted Alana Chavez’s will to probate and appointed Jewell Carter as the executor. Sergio Chavez filed a caveat against this decision, which the probate court denied as untimely on August 17, 2017. Subsequently, he attempted to file a motion for reconsideration and to set aside the probate order, which was denied on December 29, 2017. Sergio Chavez filed a direct appeal on January 25, 2018. Carter moved to dismiss the appeal, asserting that the notice of appeal was filed outside the required 30-day window after the original probate order. The Court cited OCGA 5-6-38, emphasizing that the timely filing of a notice of appeal is essential for jurisdiction. It noted that a motion for reconsideration does not extend the appeal period and is not itself appealable. Consequently, both the appeal regarding the will's admission and the denial of the caveat were found to be untimely, as they were filed 223 and 161 days after the respective orders. Additionally, the Court stated that if Sergio sought relief under OCGA 9-11-60(d), such an appeal must originate from a discretionary review application per OCGA 5-6-35. Due to the lack of jurisdiction over the direct appeal, Carter's motion to dismiss was granted, resulting in the dismissal of the appeal. Carter's request to charge costs to Sergio was denied due to insufficient argument or authority.