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Atkins v. Estate of Callaway

The trial court's orders were null and void because they were issued during the pendency of an appeal.

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Clarence Atkins appeals from the trial court’s orders releasing rent money he paid into the court registry and requiring him to pay additional rent money to the Estate of Cason J. Callaway, Jr. the “Estate” as part of a dispossessory action. Atkins argues that the trial court’s orders were issued during the pendency of an appeal and are therefore null and void. We agree and reverse.

The record shows that after Callaway’s death, the Estate filed a dispossessory action against Atkins in Harris County. As part of the dispossessory action, the magistrate court ordered Atkins to pay rent into the court registry OCGA § 44-7-54, and ultimately issued a writ of possession, ordering Atkins off of the property. Atkins appealed the dispossessory order to the superior court. Atkins also filed a Notice of Claim in probate court against the Estate and demanded an accounting, alleging an oral contract between him and Callaway whereby, in exchange for Atkins’s continued work for Callaway, Callaway would deed Atkins a house upon Callaway’s death or Atkins’s retirement.

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