SERES CAPITAL GA, LLC v. BETTY JEAN COOK
Docket A26I0181
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- 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 By granting the motion the appellate court released jurisdiction back to the trial court, meaning the appeal is no longer active before the Court of Appeals and the case returns to the lower court for further proceedings.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
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
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
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.