In Re: Estate of James Lee Cooper, Sr.
CourtCourt of Appeals of Georgia
Date FiledOctober 6, 2026
DocketA27A0537
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 06, 2026
The Court of Appeals hereby passes the following order:
A27A0537. IN RE: ESTATE OF JAMES LEE COOPER, SR.
On June 5, 2026, the Whitfield County Probate Court directed Bridget Lynn
Suttles, as executor of the Estate of James Lee Cooper, Sr., to file an accounting. On
July 29, 2026, the probate court, having previously issued an order requiring Johnny
Brett Gregory to obtain permission from the court before submitting filings in the
case, issued an order denying a proposed filing by Gregory. On August 10, 2026,
Gregory filed a pro se notice of appeal, in which he states that he is appealing “the
latest final and dispositive order entered in this estate, believed to be dated July 29,
2026.” We lack jurisdiction.
As a threshold matter, we note that certain orders of the Whitfield County
Probate Court may be appealed directly to the Court of Appeals,1 but appeals from
probate court orders must comply with general rules regarding timeliness of appeals
and what orders are directly appealable. See OCGA § 15-9-123(a) (the provisions of
Chapter 6 of Title 5 apply to probate appeals); In re Bruni, 369 Ga. App. 488, 490(3)
(893 SE2d 862) (2023).
1
Under OCGA § 15-9-123(a), a party in a civil case in “probate court” shall
have the right of appeal to an appellate court without first seeking review in superior
court when the probate court is in “a county having a population of more than 90,000
persons according to the United States decennial census of 2010 or any future such
census[.]” OCGA § 15-9-120(2). See Ellis v. Johnson, 291 Ga. 127, 128, n.1 (1) (728
SE2d 200) (2012). As of the 2020 census, Whitfield County had a population of
102,864.
Here, the probate court’s June 5, 2026 order requiring Suttles to file an
accounting was directly appealable. See OCGA § 5-6-34(a)(3) (allowing for direct
appeals from “[a]ll judgments or orders directing that an accounting be had”).
However, a notice of appeal must be filed within 30 days of entry of the order to be
appealed, and the proper and timely filing of a notice of appeal is an absolute
requirement to confer jurisdiction upon this Court. OCGA § 5-6-38(a); Perry v. Paul
Hastings, LLP, 362 Ga. App. 140, 141 (866 SE2d 855) (2021). Because Gregory did not
file his notice of appeal within 30 days of the June 5, 2026 order, his appeal is untimely
and improper to the extent that it is from this order.
Gregory’s appeal is also improper to the extent that it is from the July 29, 2026
order denying his proposed filing, because a review of the record shows that the
proceedings regarding Suttles’s accounting remain ongoing in the probate court.
Generally, a right of direct appeal lies from only a final judgment, that is, “where the
case is no longer pending in the court below.” OCGA § 5-6-34(a)(1)(B). See also
Yanes v. Escobar, 362 Ga. App. 896, 897 (870 SE2d 506) (2022) (“[A]n order is final
and appealable when it leaves no issues remaining to be resolved, constitutes the
court’s final ruling on the merits of the action, and leaves the parties with no further
recourse in the trial court.” (quotation marks omitted)). “Where there is no final
order, a party must comply with the rules for interlocutory appeal, which require
obtaining a certificate of review from the trial court and permission from this [C]ourt
to bring the appeal. OCGA § 5-6-34(b).” Smith v. Millsap, 369 Ga. App. 430,
436(2)(a) (893 SE2d 833) (2023). Because the case remains pending in the probate
court, Gregory was required to comply with the interlocutory appeal procedure in
order to appeal the July 29, 2026 order. See In re Estate of Reece, 360 Ga. App. 364,
365–66 (861 SE2d 169) (2021).
For the foregoing reasons, we lack jurisdiction over this appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/06/2026
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.