Order On Appeal From Probate Court

IN THE SUPERIOR COURT OF DEKALB COUNTY

FilED

STATE OF GEORGIA

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ESTATE OF GENEVA S. CAFFREY, JAMES V. STEGEMAN, Plaintiff,

CIVIL ACTION

VS.

FILE NO.OSCV13909-9

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FRANK 1. LILLIG Defendant.

ORDER A Motion for Order on Void Judgment and a Motion for Order on Appeal, :filed on March 24, 2006; and a Motion for Ruling in Favor of Appellant, filed on January 23, 2009 ,(hereinafter referred to as "Motions") came before this court in the above-referenced case. Upon consideration of the Order Granting Motion to Dismiss Appeal, filed on March 8, 2006, and review of the file, the court hereby DENIES the Motions. SO ORDERED this ~

day of

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.2009.

ELLIOTI' A. SHOEmHAL, JODGE SITIING BY DESIGNATION FOR MARK ANTHONY SCOTT, JUDGE STONE MOUNTAIN JUDICIAL CIRCUIT

cc:

James Stegeman, ProSe Robert Tumer, Esq.

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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA

) ) ) ESTATE OF GENEVA S. CAFFREY

) )

CIVIL ACTION NO.: 05-CV-13909-9

) )

JUDGE MARK ANTHONY SCOTT

)

ORDER GRANTING MOTION TO DISMISS APPEAL The motion for Relief from Judgment filed in the DeKalb Superior Court by James Stegeman ("Stegeman"), must be construed as an attempted appeal to the Superior Court from the Probate Court. The Respondent, Frank J. Lillig, III, executor of the Estate of Geneva

s.

,Caffrey ("Respondent") has brought a motion to dismiss Stegeman's pleadings. O.C.G.A.

§ 5-3-

2(b), provides no appeal from the probate court to the superior court shall lie from any civil case in a probate court which is provided for by Article 6 of Chapter 9 of Title 15. The DeKalb County probate Court is a probate court provided for in Article 6 of Chapter 9 of Title 15. This Court can not hear an appeal of a civil case from the DeKalb Probate Court. Stegeman's motion is not properly before this Court. The-proper Court to hear the appeal from the DeKalb Probate Court is the Georgia Court of Appeals or the Georgia Supreme Court. Stegeman had 30 days from the date the order of Summary judgment was granted in the probate court, on November 3, 2005, to make his appeal to the Georgia Court of Appeals or the Georgia Supreme Court. The time to appeal expired in early December 2005. Stegeman is well beyond the time for appeal. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Respondent's Motion to Dismiss be GRANTED.

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DONE AND ORDERED

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,2006.

GE, SUPERIOR COURT DEKALB COUNTY,

GEORGIA

Prepared by: Robert E. Turner Georgia Bar Number: 719685 Attorney for Executor of the Estate of Geneva S. Caffrey, Frank

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