In Re: Estate of Jimmy D. Banks Sr.

The Court vacated the order finding appellant in contempt for violating the probate court's orders that he preserve and return certain specified property of his father's estate and remanded to the probate court to allow for the completion of the appellate record.

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The Probate Court of Meriwether County entered an order finding Jimmy Darryl Banks, Jr. Banks in contempt of court for violating its orders that he preserve and return certain specified property of his father’s estate. Pursuant to this Court’s order granting Banks’s application for discretionary appeal, see OCGA § 5-6-35 a 1, he appeals, and, for the reasons explained below, we vacate the contempt order and remand.

The record shows the following proceedings. Jimmy Darryl Banks, Sr., died intestate in November 2014. In August 2015, his widow, Eunice Banks, and his daughter, April Banks the petitioners or the co-administrators, filed a petition for letters of administration in the Probate Court of Meriwether County. On August 19, 2015, the petitioners then filed an emergency motion, seeking an order restraining Banks and Doris Harris identified as the decedent’s friend from disposing of personal property that had belonged to the decedent, including five specified motor vehicles, a lawn mower, and a trailer. The probate court immediately granted a temporary restraining order, enjoining any person in possession of the listed property from selling, pawning, or otherwise disposing of the property, unless authorized by court order, and directing such persons to immediately surrender the property to a sheriff’s deputy at the decedent’s former residence. On September 8, 2015, the petitioners filed a motion for contempt, alleging that Banks and Harris violated the temporary restraining order by failing to retrieve or relinquish any of the property listed in the order.

In Re: Estate of Jimmy D. Banks Sr.

The Court vacated the order finding appellant in contempt for violating the probate court's orders that he preserve and return certain specified property of his father's estate and remanded to the probate court to allow for the completion of the appellate record.

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