Temples v. Hitson

2 Citing cases

  1. Long v. City of Madison

    905 S.E.2d 712 (Ga. Ct. App. 2024)

    See Court of Appeals Rule 43 (a). While it is true that a deceased person cannot be a party to legal proceedings, Temples v. Hitson, 369 Ga. App. 767, 770, 894 S.E.2d 510 (2023), the legal proceeding presently before this Court, as well as the one before the Superior Court of Morgan County, is void based on a lack of jurisdiction. As the record contains no order entered by the Probate Court of Morgan County, the case is currently pending in the Probate Court of Morgan County.

  2. Brown v. Green Growth 2, LLC

    904 S.E.2d 68 (Ga. Ct. App. 2024)

    Until someone is properly substituted as a party after the action is thus suspended, further proceedings in the case are void as to the decedent. (Citation and punctuation omitted.) Temples v. Hitson, 369 Ga. App. 767, 770, 894 S.E.2d 510 (2023); Allen v. Cloudburst Mfg. Co., 162 Ga. App. 188, 290 S.E.2d 529 (1982); see also OCGA § 9-11-25 (a) (1). [4] Given that Brown died during the proceedings in the trial court, and no one was substituted as a party, the trial court’s order on the cross-motions for summary judgment is void as to Brown.