Court Filings

The Georgia Court of Appeals granted the appellee's motion to remand the case Downey Trees, Inc. v. Stephens to the State Court of Forsyth County. The clerk was ordered to remand the matter, and the order allows either party to file a new notice of appeal within 30 days after resolution of a pending motion to enforce settlement. The decision is procedural and simply returns the case to the state court for further proceedings rather than addressing the underlying merits.

The Court of Appeals granted the appellant's motion to remand so the trial court can consider a request to incorporate records from two separate cases into the record of this appeal. Previously, the court denied the appellant's motions to supplement the record because there was no trial-court order adopting or incorporating the other cases' records into this case. The remand allows the trial court to rule on a motion to incorporate those documents; if the trial court grants it and the appellant timely files a new notice of appeal, the matter will be re-docketed as a new appeal after the record is transmitted.