What did the court decide?

The Court of Appeals dismissed the appeal because the appellant was represented by an attorney when he filed a pro se notice of appeal, and no court order showed the attorney had withdrawn.

Who is affected by this decision?

Crandall Postell, the great-grandchild who filed the appeal, is directly affected; the probate court's order approving the sale stands for now because the appeal was dismissed for lack of jurisdiction.

The dismissal means there is no appellate review based on the pro se filing; Postell may seek to refile an appeal properly if allowed, for example after counsel formally withdraws and any applicable deadlines are observed.

Why was the pro se notice of appeal invalid?

Georgia law and precedent require a formal court order permitting counsel to withdraw before a party may proceed pro se; absent that order, a pro se notice filed while represented is treated as a nullity.

Can this dismissal be appealed?

The order dismissing for lack of jurisdiction is itself a final appellate action; further review would typically require a timely motion for reconsideration or, depending on circumstances, a petition to the Georgia Supreme Court, but the practical route is to ensure counsel withdrawal and reinitiate any permissible appeal within applicable deadlines.

In Re: Estate of Jack Williams

Docket A26A0769

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 17, 2026 · 2 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A0769

Appeal from a probate court final order granting the estate representative leave to sell real property

Summary

The Georgia Court of Appeals dismissed a pro se appeal by Crandall Postell from a probate court order approving sale of estate real property because Postell remained represented by counsel when he filed the notice of appeal. The record contained no probate-court order allowing attorney Daniel Wilder to withdraw, and Georgia precedent bars a party from simultaneously being represented and proceeding pro se. Because a pro se notice filed while represented is a legal nullity, the appellate court concluded it lacked jurisdiction and dismissed the appeal.

Issues Decided

Whether a pro se notice of appeal filed by a party who is represented by counsel confers appellate jurisdiction when the record contains no court order permitting counsel to withdraw
Whether the absence of a formal withdrawal order renders a pro se notice of appeal a nullity

Court's Reasoning

Georgia precedent prohibits a party from both being represented by counsel and acting pro se simultaneously, and a formal withdrawal of counsel requires a court order. The record showed Postell was represented by attorney Daniel Wilder in the probate proceedings and contained no withdrawal order. Therefore the pro se notice of appeal was a legal nullity and did not vest the Court of Appeals with jurisdiction, so the appeal had to be dismissed.

Authorities Cited

Romich v. All Secure, Inc.361 Ga. App. 505 (863 SE2d 179) (2021)
Weinstock v. Small378 Ga. App. 319 (925 SE2d 760) (2026)
In the Interest of N. C.358 Ga. App. 379 (855 SE2d 379) (2021)
OCGA § 5-6-38(a)

Parties

Appellant: Crandall Postell
Appellant: Estate of Jack Williams, Deceased
Attorney: Daniel Wilder
Judge: Court of Appeals of the State of Georgia

Key Dates

Probate court final order date: 2025-09-03
Notice of appeal filed: 2025-09-10
Court of Appeals order: 2026-04-17

What You Should Do Next

1
Confirm counsel status and withdrawal order
Postell should obtain from the probate court a formal order permitting attorney Daniel Wilder to withdraw, or confirmation that Wilder remains counsel of record.
2
Consult an attorney promptly
Postell should consult independent counsel to determine whether he can refile an appeal or seek other relief and to ensure compliance with any appeal deadlines.
3
Consider filing motion for reinstatement or reconsideration
If appropriate, Postell may move the Court of Appeals for reconsideration or explain why the pro se filing should be treated as timely after resolving counsel-withdrawal issues, but legal advice is recommended.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellant was represented by an attorney when he filed a pro se notice of appeal, and no court order showed the attorney had withdrawn.
Who is affected by this decision?: Crandall Postell, the great-grandchild who filed the appeal, is directly affected; the probate court's order approving the sale stands for now because the appeal was dismissed for lack of jurisdiction.
What happens next?: The dismissal means there is no appellate review based on the pro se filing; Postell may seek to refile an appeal properly if allowed, for example after counsel formally withdraws and any applicable deadlines are observed.
Why was the pro se notice of appeal invalid?: Georgia law and precedent require a formal court order permitting counsel to withdraw before a party may proceed pro se; absent that order, a pro se notice filed while represented is treated as a nullity.
Can this dismissal be appealed?: The order dismissing for lack of jurisdiction is itself a final appellate action; further review would typically require a timely motion for reconsideration or, depending on circumstances, a petition to the Georgia Supreme Court, but the practical route is to ensure counsel withdrawal and reinitiate any permissible appeal within applicable deadlines.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 17, 2026

The Court of Appeals hereby passes the following order:

A26A0769. IN RE: ESTATE OF JACK WILLIAMS, DECEASED.

In this estate administration proceeding, the probate court issued a final order
on September 3, 2025, granting the estate representative’s petition for leave to sell
certain real property. On September 10, 2025, Crandall Postell, a great-grandchild of
the decedent, filed a timely pro se notice of appeal. See OCGA § 5-6-38(a). We lack
jurisdiction.
Postell was represented by attorney Daniel Wilder throughout the probate court
proceedings. And the record on appeal contains no indication that the probate court
issued an order permitting Wilder’s withdrawal.1 A layperson may not represent
himself and also be represented by an attorney. Romich v. All Secure, Inc., 361 Ga. App.
505, 505 (863 SE2d 179) (2021). And “a formal withdrawal of counsel cannot be
accomplished until after the trial court issues an order permitting the withdrawal.” Id.
(quotation marks omitted). Consequently, Postell’s pro se notice of appeal is a nullity,
as he was represented by counsel when he filed it. See Weinstock v. Small, 378 Ga.
App. 319, 320 (925 SE2d 760) (2026) (“[A] pro se notice of appeal filed by a
represented party in a civil case[ ] is a legal nullity and does not confer appellate
jurisdiction to this Court.”); Romich, 361 Ga. App. at 505 (dismissing appeal because
the appellant’s pro se notice of appeal, filed while she was represented by counsel, was

1
In his notice of appeal, Postell instructed the probate court clerk to “to submit
all documents extant in the record including all pleadings, discovery, motions, and
responses contained in the record of the Court.” No withdrawal order appears in
these filings.
a nullity); In the Interest of N. C., 358 Ga. App. 379, 379 (855 SE2d 379) (2021) (same).
We therefore lack jurisdiction to consider this pro se appeal, which is hereby
DISMISSED. See Weinstock, 378 Ga. App. at 320; Romich, 361 Ga. App. at 505; In the
Interest of N. C., 358 Ga. App. at 379.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/17/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.