Bonnie Michelle Smith V Shirley Smith

After James A. Smith, Jr. died, his daughter Bonnie Michelle Smith filed a petition in Sumter County Probate Court for right of disposition of the decedent's remains. The probate court denied the petition and found in favor of the decedent's surviving spouse Shirley Smith. Bonnie filed a petition of review to superior court, which also denied. Bonnie then filed a notice of appeal to the Court of Appeals, which dismissed the appeal due to lack of jurisdiction because she failed to file a required discretionary appeal.

James A. Smith, Jr.

The Court of Appeals lacks jurisdiction over this appeal because the appellant, Bonnie Michelle Smith, failed to file a discretionary application for appeal as required by OCGA § 5-6-35 (a) (1). The underlying dispute involved a probate court decision in Sumter County regarding right of disposition of remains, which was first denied by the probate court in favor of the decedent's surviving spouse, Shirley Smith. The superior court also denied the petition, and the appellant then filed a notice of appeal to the Court of Appeals without first filing the required discretionary application.

The Court of Appeals lacks jurisdiction over this appeal and dismisses it because appellant Bonnie Michelle Smith failed to file a required discretionary application for appeal. Under OCGA § 5-6-35 (a) (1), appeals from superior court decisions reviewing lower court decisions must come by discretionary application, and the appellant did not comply with this requirement.

The appeal was dismissed due to the court's lack of jurisdiction because the appellant failed to file a required discretionary appeal application as mandated by OCGA § 5-6-35 (a) (1).

Probate court denied petition for right of disposition of decedent's remains

The Court of Appeals dismissed the appeal because the appellant failed to file a required discretionary application under OCGA § 5-6-35(a)(1) for appeals from superior court decisions reviewing probate court decisions. The court lacks jurisdiction over the appeal when proper procedural requirements are not met.

Official Code of Georgia Annotated