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Sotterv.Stephens

CourtSupreme Court of Georgia
Docket No.S12A0519, S12A0520
DecidedMay 7, 2012
Reporter727 S.E.2d 484; 291 Ga. 79
JudgesSupreme Court of Georgia
Tags
CivilCivil ProcedureAppellate ProcedureMandamusDirect AppealInterlocutory AppealStatutory InterpretationStandard of ReviewReversalRemand
Case Summary

A Georgia trust dispute produced several orders concerning the sale of trust property, the final accounting, and attorney fees. After earlier attempted appeals were dismissed or withdrawn, the trial court dismissed later notices of appeal and denied permission to challenge that dismissal. The Georgia Supreme Court reversed and remanded with direction to issue mandamus. It held that the earlier orders were interlocutory because the final trust accounting and the amount of attorney fees under OCGA § 13-6-11 remained unresolved. The later order setting the fee amount was therefore a final judgment, and the appellants' notices of appeal filed within thirty days were timely. Those direct appeals could include review of rulings in the earlier nonfinal orders. Because dismissal of a properly filed direct appeal is itself appealable, the trial court erred by denying permission to appeal its dismissal order. The Supreme Court further held that mandamus was appropriate because the appellants had a clear legal right to seek review and no adequate alternative remedy after permission to file the direct appeal was denied. All Justices concurred.

Opinion

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