X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

, Judge. In March 2022, Felicitas Katsande, the maternal grandmother of minor children C. T. M., C. A. M., and I. H. M., petitioned for letters of conservatorship of her three grandchildren after the death of their mother.[1] Calvin Mabvurunge, the mother’s ex-husband and the children’s biological father, filed an objection to the petition. After a hearing, the probate court determined that it was in the best interest of the children to appoint a third party as the minors’ conservator. Mabvurunge appealed this decision to the superior court, and the court determined that Mabvurunge did not have standing to appeal the probate court’s order pursuant to OCGA § 15-9-123 (a) because he was not a “party” to the probate court proceeding. OCGA § 15-9-123 (a) states, in pertinent part, that “[e]ither party to a civil case in the probate court[[2]] shall have the right of appeal to the Supreme Court or the Court of Appeals from any decision made by the probate court.” Id. Mabvurunge appeals, arguing he does have standing to appeal the probate court’s order. We need not squarely address the issue of standing, however, because the superior court’s reliance on OCGA § 15-9-123 was misplaced. Indeed, the plain language of OCGA § 15-9-123 applies to a party’s right to directly appeal a probate court’s order to this Court or the Georgia Supreme Court. Here, Mabvurunge filed an appeal from the probate court order to the superior court and not a direct appeal to this Court. Accordingly OCGA § 15-9-123 did not control the issue of standing in the superior court. Still, Katsande argues that we should affirm the decision of the superior court based on our decision in Twitty v. Akers, 218 Ga. App. 467 (462 SE2d 418) (1995). However, the Twitty case concerned the conservatorship of an adult, see OCGA § 29-5-1 et seq., and whether someone not a party to those probate court proceedings could file an appeal under former OCGA § 29-5-11 (the predecessor statute to OCGA § 29-5-110), which provided a specific appellate procedure separate and apart from the more general appellate scheme laid out in OCGA § 531 et seq. See Twitty, 218 Ga. App. at 467 (“[The r]ight to appeal from the probate court to the superior court in this case is governed by the specific statute, OCGA § 29–5–11, rather than the more general statute, OCGA § 5–3–2.”). Because this case does not involve an appeal from the appointment of a conservator over an adult, Twitty does not apply. Moreover, unlike the statutory provisions regarding the appointment of a conservator of an adult, the statutory provisions governing the appointment of a conservator of a minor do not include a separate statute controlling a person’s right to appeal a probate court’s order to the superior court. See OCGA § 29-3-1 et seq. Based on the foregoing, the more general appellate procedures of OCGA § 531 et seq. apply to Mabvurunge’s appeal of the probate court’s order to the superior court. This is not to say that Mabvurunge has standing to appeal the probate court’s order or that the superior court has jurisdiction to hear the same; instead, we simply hold that OCGA § 15-9-123 does not control the question as to whether Magvurunge has standing to appeal the probate court’s decision to the superior court. Consequently, we vacate the superior court’s order and remand for the court to review Mabvurunge’s appeal under the relevant statutory scheme and case law. Judgment vacated and case remanded with direction. Barnes, P. J., and Gobeil, J., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›