Liner v. North

Banke, Presiding Judge.

Appellants filed suit in the Superior Court of Walker County against North, individually and as executor of the estates of Fannie and Leroy Monds. On that same date, they filed suit in the Probate Court of Walker County against North as executor of the estate of Leroy Monds. This appeal is from the grant of the appellee’s motion to dismiss the superior court action pursuant to OCGA § 9-2-5, based on the pendency of the simultaneously filed probate court action. Held:

1. Appellants contend that an attack based on simultaneous pleadings must be made by motion for summary…