What did the Court of Appeals decide?

The Court of Appeals dismissed the appeal because the probate court's order was not final and the appellant did not follow the required procedures for interlocutory appeals.

Who is affected by this dismissal?

Primarily Chakina Patton, who sought appellate review; the probate proceedings in Clayton County continue with unresolved issues including a competing paternity claim and disbursement matters.

What happens next in the probate case?

The probate court retains jurisdiction to resolve the outstanding issues (paternity, disbursement, and permanent administration) and may later enter a final order that could be appealed.

Can Chakina appeal again?

Yes. She can seek review after obtaining a final probate court order or pursue interlocutory review properly by obtaining a certificate of immediate review from the probate court if appropriate.

In Re: Kenneth B. Patton

Docket A26A1767

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

CivilDismissed

Filed: May 5, 2026 · yesterday
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1767

Direct appeal from a Clayton County Probate Court order in an estate administration action determining heirs and reserving other issues.

Summary

The Court of Appeals dismissed an appeal by Chakina Patton from a Clayton County Probate Court order in her petition to be declared sole heir of her deceased father. The probate court had found Chakina to be an heir but expressly left several matters unresolved — including a competing paternity claim by Aneki Floyd, a motion for disbursement, and a potential permanent administration petition — and entered a judgment against Chakina for dissipating estate property. Because the probate court's order was not final, Chakina needed to pursue interlocutory appeal procedures (including a certificate of immediate review) and failed to do so, depriving this Court of jurisdiction.

Issues Decided

Whether the probate court order was final and therefore appealable directly to the Court of Appeals
Whether the appellant complied with the interlocutory appeal procedures required when a probate order is not final

Court's Reasoning

Under Georgia law, appeals from probate courts must be from final orders unless interlocutory review is obtained. The probate court withheld resolution of several matters (including a competing paternity determination and disbursement issues), so the order was not final. Because Chakina did not obtain the required certificate of immediate review or otherwise follow interlocutory appeal procedures, the Court of Appeals lacked jurisdiction and therefore dismissed the appeal.

Authorities Cited

OCGA § 5-6-34(a)(1)(B)
OCGA § 5-6-34(b)
OCGA §§ 15-9-120(2) and 15-9-123(a)-(b)
In re Estate of Sims246 Ga. App. 451 (540 SE2d 650) (2000)

Parties

Appellant: Chakina Patton
Decedent: Kenneth B. Patton
Claimant: Aneki Floyd
Court: Clayton County Probate Court
Court: Court of Appeals of the State of Georgia

Key Dates

Court of Appeals decision date: 2026-05-05

What You Should Do Next

1
Consider interlocutory review procedures
If an immediate appeal is necessary, move in the probate court for a certificate of immediate review and comply with OCGA interlocutory appeal rules before re-filing in the Court of Appeals.
2
Proceed in probate court
Continue litigating the unresolved matters in the Clayton County Probate Court — including the paternity dispute and disbursement motions — to obtain a final order.
3
Consult probate counsel
Talk with an attorney experienced in probate appeals to evaluate appellate timing, prepare any necessary interlocutory applications, and plan for a direct appeal after a final order if needed.

Frequently Asked Questions

What did the Court of Appeals decide?: The Court of Appeals dismissed the appeal because the probate court's order was not final and the appellant did not follow the required procedures for interlocutory appeals.
Who is affected by this dismissal?: Primarily Chakina Patton, who sought appellate review; the probate proceedings in Clayton County continue with unresolved issues including a competing paternity claim and disbursement matters.
What happens next in the probate case?: The probate court retains jurisdiction to resolve the outstanding issues (paternity, disbursement, and permanent administration) and may later enter a final order that could be appealed.
Can Chakina appeal again?: Yes. She can seek review after obtaining a final probate court order or pursue interlocutory review properly by obtaining a certificate of immediate review from the probate court if appropriate.

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,____________________
May 05, 2026

The Court of Appeals hereby passes the following order:

A26A1767. IN RE: KENNETH B. PATTON, DECEASED.

Chakina Patton (“Chakina”), who claims she is the sole heir to her father
Kenneth Patton’s (“Kenneth”) estate, filed a petition to determine heirs in an estate
administration action in Clayton County Probate Court. After a hearing, the probate
court issued an order, finding that Chakina was Kenneth’s heir, but instructing that
resolution of Chakina’s petition would be held in abeyance pending the paternity
determination of Aneki Floyd, who also claimed that Kenneth was her father. In like
manner, the court deferred ruling on a motion for disbursement until the issue
regarding Floyd’s status was resolved. In addition, the court entered a $47,950.00
judgment against Chakina for dissipating the estate’s real property. The court stated
that another hearing would be forthcoming and directed Kenneth’s widow to file a
petition for permanent administration. From that order, Chakina appeals. This Court,
however, lacks jurisdiction.
An order of the Clayton County Probate Court generally may be appealed
directly to the Court of Appeals. See OCGA §§ 15-9-123(a); 15-9-120(2).1 However,
the order must be final. See OCGA §§ 5-6-34(a)(1)(B) (appeals generally may be taken
from “[a]ll final judgments, that is to say, where the case is no longer pending in the
court below”); 15-9-123(b) (explaining that the “general laws and rules of appellate
practice and procedure . . . shall . . . govern appeals of civil cases from the probate

1
According to the 2020 census, Clayton County had a population of 297,595.
See https://data.census.gov/all?q=Clayton+County+Georgia.
courts”). Here, the order that Chakina wishes to appeal was not final, as the probate
court withheld its decision on several issues. Therefore, Chakina was required to
follow the interlocutory appeal procedures — including obtaining a certificate of
immediate review from the probate court — to obtain appellate review at this
juncture. See OCGA § 5-6-34(b); In re Estate of Sims, 246 Ga. App. 451, 452-53 (540
SE2d 650) (2000) (dismissing direct appeal from probate court order because “there
ha[d], as yet, been no final accounting of th[e] estate”).
Accordingly, Chakina’s failure to comply with the interlocutory appeal
procedures deprives of us jurisdiction over this premature direct appeal, which is
hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/05/2026
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.