In Re: The Estate of James Lee Cooper, Sr.
CourtCourt of Appeals of Georgia
Date FiledNovember 4, 2026
DocketA27A0686
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 04, 2026
The Court of Appeals hereby passes the following order:
A27A0686. IN RE: THE ESTATE OF JAMES LEE COOPER, SR.
DECEASED.
In this action concerning the administration of an estate, Bridget Lynn Suttles
filed a direct appeal from the probate court’s order denying her “motion for
clarification, ruling on in forma pauperis status, preservation of the record, and
written direction before further accounting or evidentiary hearing.” We lack
jurisdiction.
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.” Smith v. Millsap, 369 Ga. App. 430, 436(2)(a) (893 SE2d 833)
(2023) (citing OCGA § 5-6-34(b)).
Here, because the case remains pending in the probate court, Suttles was
required to comply with the interlocutory appeal procedure in order to appeal the
probate court’s order. See In re Estate of Reece, 360 Ga. App. 364, 365–66 (861 SE2d
169) (2021). Accordingly, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.
Suttles has filed a request for clarification regarding an appeal from the same
probate court case number. That appeal, A27A0537, was filed by Johnny Brett
Gregory, and dismissed by this Court on October 6, 2026. See Case No. A27A0537
(Oct. 6, 2026). To the extent Suttles seeks further action by this Court in this appeal,
that request is DENIED AS MOOT, given the dismissal of this appeal as explained
above.
Gregory has filed in this appeal an emergency motion seeking supersedeas
protections, a motion to supplement the record, and a motion to expedite. Given our
dismissal of this appeal, those motions are DENIED AS MOOT. Gregory’s request
for sanctions against the probate court clerk is DENIED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/04/2026
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.