In Re: Estate of Johnnie Lee Salters

Court of Appeals of the State of Georgia ATLANTA,____________________ October 17, 2024 The Court of Appeals hereby passes the following order: A25A0394. IN RE: ESTATE OF JOHNNIE LEE SALTERS, DECEASED. In this probate matter, Marcus Salters challenges the order of the probate court finding the existence of a common law marriage between Denise Salters and the decedent. We, however, lack jurisdiction to consider this direct appeal. Appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.”OCGA § 5-6-34 (a) (1); See Paine v. Nations, 301 Ga. App. 97, 99 (1) ( 686 SE2d 896 ) (2009). Here, the trial court’s order regarding the existence of a common law marriage was a non-final order that did not resolve all issues in this case, which remains pending below. Thus, Marcus was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal that order. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 ( 471 SE2d 213 ) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) ( 408 SE2d 103 ) (1991). His failure to do so deprives us of jurisdiction over this direct appeal. See Bailey, 266 Ga. at 833 . Therefore, this appeal is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/17/2024 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.