Utica Mutual Insurance v. Mitchell

I respectfully dissent from the judgment of reversal. “An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator.” OCGA § 5-3-2 (a). In my view, the issues in this appeal, as enumerated and briefed by the parties, involve strictly a determination whether the evidence supported the superior court’s vacation and setting aside of the probate court’s letters of dismission. The standard of appellate review is, therefore, simply an “any evidence” standard.

Plaintiff Suanne Marie Rivkin Quinton, now known as Suanne…