Court Filings

The Court of Appeals dismissed Payne’s appeal as a nullity because the appellant, Wesley Payne, had died before substitution of the estate occurred, and Georgia law treats further proceedings as void as to a deceased party until someone is substituted. The trial court had dismissed the case for discovery violations after Payne’s death; the appellate court held that actions taken after his death are void as to him. The court remanded for the trial court to resolve pending motions to substitute the estate and, if appropriate, to reconsider defendants’ dismissal motions.

The Georgia Court of Appeals granted an application for discretionary appeal filed by Wirth Forestry, LLC and others in a case against Heard County, Georgia. The court ordered that the appellants may file a Notice of Appeal within 10 days of the order and instructed the Clerk of the Superior Court to include this order in the record transmitted to the Court of Appeals. The order simply grants permission to pursue an appeal and sets procedural steps for transmitting the record; it does not decide the merits of the underlying dispute.