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Walker v. Estate of Mays

Appellants must bring appeals in domestic relations cases by application for discretionary appeal as set forth in O.C.G.A. § 5-6-35.

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When Judith Walker and Dr. Aldine Mays were divorced in 1975, the final decree approved and incorporated a settlement agreement which provided that he would maintain a life insurance policy naming her and the children of the marriage as the beneficiaries. The duration of his obligation to do so was “for as long as the Agreement is in force.” When Dr. Mays died in 2002, there was no life insurance policy in effect that named his ex-wife or their children as beneficiaries. Ms. Walker and the children Appellants brought a breach of contract action against his estate and executrix Appellees, seeking damages for the failure to maintain the policy. After discovery, the parties filed cross-motions for summary judgment. The trial court granted summary judgment in favor of Appellees, concluding that Dr. Mays’ obligation to insure his life was an award in the nature of periodic alimony and, as such, terminated upon Ms. Walker’s remarriage and the children reaching the age of majority.

Appellants filed an application for discretionary appeal and a notice of direct appeal, both of which were directed to the Court of Appeals. The application was transferred to this Court, but was ordered returned because the underlying action was for damages and did not directly involve any issue of alimony. The Court of Appeals then denied the application. Thereafter, Appellees moved to dismiss the pending direct appeal. By order, the Court of Appeals granted the motion, concluding that its previous denial of the application was res judicata and precluded Appellants from further attempts to appeal the trial court’s grant of summary judgment to Appellees.

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