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Stephanie Clarkv.Coretta Paul Gunn et al.

CourtCourt of Appeals of Georgia
Docket No.A25A1875
DecidedJanuary 23, 2026
Reporter291 Ga. 127
JudgesCourt of Appeals of Georgia
Tags
CivilAppellate ProcedureGovernment LawDue ProcessStatutory InterpretationVacaturRemandOverruling Precedent
Case Summary

Stephanie Clark sought review of a probate-court order appointing a guardian and conservator for an adult ward. She filed the appeal in superior court, which correctly recognized that appellate jurisdiction belonged in the Court of Appeals but dismissed rather than transferring the case. The Court of Appeals of Georgia held that the Constitution and governing statute required transfer of a timely appeal filed in the wrong court. It vacated the dismissal and remanded with direction that the superior court transfer the appeal and the complete probate record to the Court of Appeals. The court disapproved an earlier opinion to the extent it authorized dismissal in the same circumstances.

Opinion

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