In Re: Estate of Bernice J. Hendricks

Court of Appeals of the State of Georgia September 24, 2014 ATLANTA,____________________ The Court of Appeals hereby passes the following order: A15D0046. IN RE: ESTATE OF BERNICE J. HENDRICKS, DECEASED. Danielle Garcia filed this application for discretionary appeal from a final order of the Probate Court of Columbia County admitting the above deceased’s will for probate and appointing Chawaka Bell as the estate’s executor. Under OCGA § 15-9123 (a), a party in a civil case in probate court shall have the right of appeal to an appellate court without first seeking review in superior court. See Ellis v. Johnson, 291 Ga. 127 , 128 n.1 ( 728 SE2d 200 ) (2012). A probate court is defined as “a probate court of a county having a population of more than 90,000 persons according to the United States decennial census of 2010 or any future such census.” OCGA § 15-9-120 (2). According to the 2010 census, Columbia County had a population of 124,053. Because the Probate Court of Columbia County meets the statutory definition of a probate court, Garcia had a right of direct appeal to this Court, and no application was required. See O’Regan v. Brennan, 204 Ga. App. 50 ( 418 SE2d 389 ) (1992). Accordingly, the application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). Garcia shall have ten days from the date of this order to file a notice of appeal in the probate court. OCGA § 5-6-35 (g). The clerk of the probate court is directed to include a copy of this order in the record transmitted to the Court of Appeals. Court of Appeals of the State of Georgia 09/24/2014 Clerk’s Office, Atlanta,____________________ 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.