GERALD W. KELLER v. BRENDA KEMP
CourtCourt of Appeals of Georgia
Date FiledNovember 4, 2026
DocketA27A0679
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:
A27A0679. KELLER v. KEMP et al.
Pro se appellant Gerald Keller has filed a motion to supplement the appellate
record in this case, asking that the record be supplemented with, among other things,
various filings that the superior court clerk rejected or, in the alternative, that we
remand the case for completion of the record. At this point, it is difficult to determine
exactly what materials should be added to the record, and Keller (or any other party)
may need to work with the superior court clerk to ensure that the record is complete.
Accordingly, Keller’s request for remand is GRANTED. We hereby REMAND this
case to the trial court for completion of the record to include any filings that the
superior court clerk accepted or rejected (with a notation that the filing was rejected)
in Case Number 26CVE1721 up until September 16, 2016, when Keller filed his notice
of appeal.1 See OCGA § 5-6-41(i) (“Where any ... paper which requires approval or
sanction of the court in any proceeding before being filed of record is disallowed ...
[the] paper may nevertheless be filed, with notation of disallowance thereon, and shall
become part of the record for purposes of consideration on appeal or other procedure
for review.”); McHugh Fuller Law Group v. PruittHealth-Toccoa, 297 Ga. 94, 98(2)
(772 SE2d 660) (2015) (“[W]e discern no support for the notion of omitting from the
appellate record any portion of the trial court clerk’s record, designated for inclusion
1
Keller also asks that the records from several other superior court and
magistrate court cases be included in the appellate record. We see no grounds for
adding filings from other cases to this appeal. The record submitted following remand
shall only include material filed or submitted for filing in Case Number 26CVE1721.
by either the appellant or the appellee, that was filed in the trial court as of the time
the notice of appeal was filed.”). Upon completion of the record, the superior court
clerk is DIRECTED to re-transmit the appeal to this Court for re-docketing. Keller
need not file a new notice of appeal.
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.