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In Re: Estate of John Everett Walker
Court of Appeals of the State of Georgia
ATLANTA,____________________ July 31, 2025
The Court of Appeals hereby passes the following order:
A26A0011. IN RE: ESTATE OF JOHN EVERETT WALKER, DECEASED.
In this estate administration proceeding, former executor Randy Walker filed this direct appeal from the trial court’s order awarding OCGA § 9-15-14 (a) attorney fees to counsel for certain estate beneficiaries. We lack jurisdiction. An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 ( 560 SE2d 730 ) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 ( 471 SE2d 60 ) (1996). Consequently, Walker’s failure to follow the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Capricorn Systems, 253 Ga. App. at 842 .
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/31/2025 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.
