Clark v. Clark

The appellant's petition for a Year's Support was properly dismissed for non-prosecution under O.C.G.A. § 9-2-60 b, since the last order the probate court issued was filed on November 28, 1979.

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Vera Mae Clark appeals the Gwinnett County Probate Court’s order dismissing her Petition for Year’s Support. Clark contends the probate court erred by applying the automatic dismissal provision of OCGA § 9-2-60 b to her petition. For the reasons below, we affirm. The standard of review for a question of law on appeal is de novo. “When a question of law is at issue, as here, we owe no deference to the trial court’s ruling and apply the ‘plain legal error’ standard of review.” Citation omitted. Suarez v. Halbert , 246, Ga. App. 822, 824 1 543 SE2d 733 2000.

Following the death of her husband, Vera Mae Clark filed a Petition for Year’s Support on November 16, 1979, in the Probate Court of Gwinnett County. The court-appointed appraisers assessed her late husband’s estate and determined that the widow was entitled to several parcels of real estate and shares in his corporation for the year’s support. John Walter Clark, son of the decedent, and Johnnie Grace Dunagan Clark, ex-wife of the decedent, both filed caveats to Vera Mae Clark’s petition for year’s support, and the son also filed a petition for letters of administration, seeking to be appointed administrator of the estate. . Vera Mae Clark then filed a caveat to John Walter Clark’s petition for letters of administration on February 12, 1980. On February 15, 1980, the ex-wife served Vera Mae Clark with a notice to produce , and on March 21, 1980, Vera Mae Clark was deposed. Following that date, no other action was taken by any party concerning the petition of administration, the petition for year’s support, or the caveats.

Clark v. Clark

The appellant's petition for a Year's Support was properly dismissed for non-prosecution under O.C.G.A. § 9-2-60 b, since the last order the probate court issued was filed on November 28, 1979.

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