IN THE SUPERIOR COURT OF DEKALB COUNTY

STATE OF GEORGIA
FilED
! zon~ JUN2b A \0: 28

ESTATE OF GENEVA S. CAFFREY, CLEf:;\ Su t~t-·duR CHI

JAMES V. STEGEMAN, Dl.:}(A.LB TY GEORGll

Plaintiff, CIVIL ACTION

VS. FILE NO.OSCV13909-9

FRANK 1. LILLIG
Defendant.

ORDER

A Motion for Order on Void Judgment and a Motion for Order on Appeal, :filed on

March 24, 2006; and a Motion for Ruling in Favor of Appellant, filed on January 23, 2009

,(hereinafter referred to as "Motions") came before this court in the above-referenced case.

Upon consideration of the Order Granting Motion to Dismiss Appeal, filed on March 8,

2006, and review of the file, the court hereby DENIES the Motions.

SO ORDERED this ~ day of .T~ .2009.

ELLIOTI' A. SHOEmHAL, JODGE

SITIING BY DESIGNATION FOR
MARK ANTHONY SCOTT, JUDGE
STONE MOUNTAIN JUDICIAL CIRCUIT

cc: James Stegeman, ProSe

Robert Tumer, Esq.
./"" ~- •
• •
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA

)
)
)
ESTATE OF GENEVA S. CAFFREY ) CIVIL ACTION
) NO.: 05-CV-13909-9
)
) JUDGE MARK ANTHONY SCOTT
)

ORDER GRANTING MOTION TO DISMISS APPEAL

The motion for Relief from Judgment filed in the DeKalb Superior Court by James
Stegeman ("Stegeman"), must be construed as an attempted appeal to the Superior Court from
the Probate Court. The Respondent, Frank J. Lillig, III, executor of the Estate of Geneva s.
,Caffrey ("Respondent") has brought a motion to dismiss Stegeman's pleadings. O.C.G.A. § 5-3-
2(b), provides no appeal from the probate court to the superior court shall lie from any civil case
in a probate court which is provided for by Article 6 of Chapter 9 of Title 15. The DeKalb
County probate Court is a probate court provided for in Article 6 of Chapter 9 of Title 15.
This Court can not hear an appeal of a civil case from the DeKalb Probate Court.
Stegeman's motion is not properly before this Court. The-proper Court to hear the appeal from
the DeKalb Probate Court is the Georgia Court of Appeals or the Georgia Supreme Court.
Stegeman had 30 days from the date the order of Summary judgment was granted in the probate
court, on November 3, 2005, to make his appeal to the Georgia Court of Appeals or the Georgia
Supreme Court. The time to appeal expired in early December 2005. Stegeman is well beyond
the time for appeal.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Respondent's Motion
to Dismiss be GRANTED.
"'- ,.
• •
DONE AND ORDERED on this ~ +~ of fJ1A ~ ,2006.

GE, SUPERIOR COURT

DEKALB COUNTY, GEORGIA

Prepared by:

Robert E. Turner
Georgia Bar Number: 719685
Attorney for Executor of the Estate
of Geneva S. Caffrey, Frank

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