Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A24A1373. IN THE INTEREST OF ESTATE OF LESLIE VAIL AYCOX.

We granted an application for interlocutory appeal filed by Roderick Allen

Aycox in his capacity as temporary administrator of the estate of Leslie Vail Aycox.

Ourreviewofthe full record, however, shows that the certificate of immediate review

was signed by a different probate court judge than the one who signed the order

denying partial summary judgment. In light of this unexplained discrepancy, this

appeal was improvidently granted because we lack jurisdiction.

“It is incumbent upon this Court to inquire into its own jurisdiction.”(Citation

omitted.) Barnes v. Barnes, 361 Ga. App. 279, 280 (864 SE2d 119) (2021). Under

OCGA§ 5-6-34 (b), a party may apply forinterlocutory appellate review“[w]here the

trial judge in rendering an order, decision, or judgment, not otherwise subject to direct

appeal, . . . certifies within ten days of entry thereof that the order, decision, or

judgment is of such importance to the case that immediate review should be had[.]”

(Emphasis supplied.) See generally In the Interest of Bruni, 369 Ga. App. 488, 490 (3)

(893 SE2d 862) (2023) (recognizing that OCGA § 5-6-34 (b) applies to interlocutory

appeals from probate court orders). “In accordance with the emphasized plain

language of [OCGA § 5-6-34 (b)], the same trial judge who entered the order in

question must issue the certificate of immediate review.” Mauer v. Parker Fibernet,

306 Ga. App. 160, 162 (701 SE2d 599) (2010).

Here, nothing in the application materials or the record explains why the denial

order was signed by Fulton County Probate Court ChiefJudge Kenya M.Johnson, but

the certificate of immediate review was signed by Fulton County Probate Court

September 04, 2024
Associate Judge Marian Parker, nor does anything in the record indicate that Judge

Parker was the “trial judge” for the purposes of OCGA § 5-6-34 (b) when the

certificate was signed. Compare Hourin v. State, 301 Ga. 835, 837 (1) (804 SE2d 388)

(2017) (evidence showed that judge who signed underlying order was acting pursuant

to assignment order that had expired, and judge who signed certificate was now “the

trial judge” for purposes of OCGA § 5-6-34 (b)); Druid Hills Civic Assn. v. Buckler,

328 Ga. App. 485, 488-489 (1) (760 SE2d 194) (2014) (interlocutory appeal was

proper where certificate was signed by a judge of the same court “‘for,’ meaning ‘on

behalf of,’” the original judge) (citation omitted; emphasis supplied), disapproved on

other grounds by Hourin, 301 Ga. at 837 (1), n. 2. The certificate of immediate review

in this case does not comply with the clear language of OCGA § 5-6-34 (b) and the

appellant has pointed to nothing in the record permitting an exception to the statutory

mandate.

As a result, we dismiss this appeal for lack of jurisdiction.1

Court of Appeals of the State of Georgia

Clerk’s Office,Atlanta,____________________

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.

1

 The oral argument scheduled for September 12, 2024 is hereby cancelled.

09/04/2024