Dismer v. Luke

Ruffin, Judge.

This appeal raises two issues: (1) whether the Glynn County Superior Court had jurisdiction to review a probate court order assessing attorney fees for frivolous litigation under OCGA § 9-15-14 against a caveator to a will, and (2) whether the superior court erred in concluding that a jury should decide whether sanctions under OCGA § 9-15-14 should be awarded. While we find that the superior court had jurisdiction over the appeal from the probate court, we reverse the superior court’s order permitting a jury to determine the question of sanctions, as the clear language of OCGA §…