Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Go to Lawjobs