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Brantley v. McMichael

The petitioner's arguments regarding his pretrial motion for summary judgment and post-trial motion for j.n.o.v. were rendered moot by the grant of his motion for new trial.

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On January 23, 2009, Darrell Brantley filed a Petition in the Superior Court of Jasper County to probate a July 1, 2008 Will that had allegedly been executed by Michael Jones “Mr. Jones”, who died on December 9, 2008. The Administrator of Mr. Jones’ estate, Hope Phillip McMichael, filed a Caveat to Brantley’s Petition, which the Probate Court granted. Brantley appealed the ruling in McMichael’s favor, and the case was transferred to the Superior Court of Jasper County for de novo review. In the Superior Court, Brantley filed a Motion For Summary Judgment, which was denied. McMichael then filed another Caveat, and, following a November 14-15, 2011 jury trial, the jury ruled in favor of McMichael. Brantley then filed a Motion For New Trial and a Motion For Judgment Notwithstanding The Verdict. Brantley failed to argue the judgment n.o.v. issue at the hearing on his Motion For New Trial, and the Motion for New Trial was granted on September 26, 2012. Thereafter, the Motion For Judgment n.o.v. was argued on January 29, 2013, and it was denied on February 4, 2013. This case was subsequently tried again to a jury, which again found in favor of the Caveator, McMichael. Brantley now appeals, arguing that the trial court erred in denying his Motion For Judgment n.o.v. relating to the first trial of this case, and that the trial court erred in denying the Motion For Summary Judgment that he filed before the first trial. For the reasons that follow, we affirm.

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