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Corkren v. Booth

Court of Appeals of Georgia
Sep 19, 2023
No. A23A1603 (Ga. Ct. App. Sep. 19, 2023)

Opinion

A23A1603

09-19-2023

CATHERINE CORKREN v. JOSEPH H. BOOTH.


The Court of Appeals hereby passes the following order:

Upon consideration of Appellant Catherine Corkren's motion to supplement the record, it appears that the record has, in fact, been supplemented in accordance with Appellant's request. Accordingly, said motion is moot and is hereby DISMISSED.

Appellant has also filed an "Emergency Writ of Error Cornam [N]obis." Although this type of writ is obsolete, see Fields v. Fields, 247 Ga. 437, 438 (276 S.E.2d 614) (1981); Clemmons v. State, 340 Ga.App. 57, 58 (2) (796 S.E.2d 197) (2017), we will look to the substance of the motion, not the nomenclature. Viewed in this light, it appears that Appellant seeks to "correct" the record transmitted from the trial court, which this Court has no authority to do, and to set aside the orders entered in this case. See OCGA § 9-1160. Upon consideration, we have determined the trial court should address these matters in the first instance. Accordingly, this case is remanded to the trial court for further proceedings as is necessary to address Appellant's motion. The parties shall have 30 days to file a notice of appeal, or application for appeal, see OCGA § 9-11-55 (a) (8), as is appropriate, once a written disposition has been entered by the trial court.


Summaries of

Corkren v. Booth

Court of Appeals of Georgia
Sep 19, 2023
No. A23A1603 (Ga. Ct. App. Sep. 19, 2023)
Case details for

Corkren v. Booth

Case Details

Full title:CATHERINE CORKREN v. JOSEPH H. BOOTH.

Court:Court of Appeals of Georgia

Date published: Sep 19, 2023

Citations

No. A23A1603 (Ga. Ct. App. Sep. 19, 2023)