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SERES CAPITAL GA, LLC v. BETTY JEAN COOK

Docket A26I0181

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

CivilGranted
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Civil
Disposition
Granted
Docket
A26I0181

Appellant's motion for permission to withdraw an appeal from the Court of Appeals of Georgia

Summary

The Georgia Court of Appeals granted the appellant's motion to withdraw their appeal in Seres Capital GA, LLC v. Betty Jean Cook. By granting the motion the appellate court released jurisdiction back to the trial court, meaning the appeal is no longer active before the Court of Appeals and the case returns to the lower court for further proceedings. The order is a ministerial grant of withdrawal rather than a decision on the merits of the underlying dispute.

Issues Decided

  • Whether the appellant should be permitted to withdraw its appeal
  • Whether the Court of Appeals should release jurisdiction back to the trial court upon granting withdrawal

Court's Reasoning

The court granted the appellant's unopposed motion to withdraw the appeal, which is a discretionary procedural action. Because the appellant sought dismissal of its own appeal, the appellate court released jurisdiction back to the trial court, ending the appellate proceedings without addressing the merits of the underlying case. The order reflects a procedural disposition rather than substantive legal analysis.

Parties

Appellant
Seres Capital GA, LLC
Respondent
Betty Jean Cook
Court
Court of Appeals of the State of Georgia

Key Dates

Court order date
2026-04-24

What You Should Do Next

  1. 1

    Proceed in trial court

    The parties or the trial court should continue with any remaining proceedings or enforcement in the trial court now that jurisdiction has returned.

  2. 2

    Confirm case status

    Counsel for either party should check the trial-court docket and notify the court of the appellate withdrawal so the lower court can resume appropriate action.

  3. 3

    Consider settlement or further motions

    Parties may use the return to the trial court to pursue settlement discussions or file any remaining motions permitted under trial-court rules.

Frequently Asked Questions

What does this order mean?
The appellant asked to withdraw its appeal and the Court of Appeals allowed that request, so the appeal is ended and the case returns to the trial court.
Was the underlying case decided on the merits by the Court of Appeals?
No. The Court of Appeals did not rule on the substantive issues; it simply granted withdrawal and released jurisdiction.
Who is affected by this order?
The parties to the appeal—Seres Capital GA, LLC and Betty Jean Cook—are affected because appellate review has ended and the trial court regains control of the case.
Can this order be appealed?
Generally not; the order grants withdrawal of the appeal and returns jurisdiction to the trial court, so there is no active appellate judgment to appeal from the Court of Appeals.

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 24, 2026

The Court of Appeals hereby passes the following order

A26I0181. SERES CAPITAL GA, LLC et al v. BETTY JEAN COOK.


     Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW

THE APPEAL in the above styled case, it is ordered that the motion be hereby GRANTED, and

jurisdiction is released back to the trial court upon receipt of this order.




                                        Court of Appeals of the State of Georgia
                                              Clerk's Office, Atlanta, April 24, 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.