Rice v. Higginbotham

Full title: RICE v. HIGGINBOTHAM

Court: Court of Appeals of Georgia

Date published: Aug 25, 1999

521 S.E.2d 838 (Ga. Ct. App. 1999)

521 S.E.2d 838

Opinion

A98A1986.

DECIDED: AUGUST 25, 1999. SUBSTITUTE OPINION

Estate administration. Cobb Probate Court. Before Judge Dodd.

Stephen F. Carley, for appellant.

Zweifel Law Firm, Gary D. Zweifel, Monica K. Gilroy, Moore, Ingram, Johnson Steele, Robert D. Ingram, Melissa W. Gilbert, for appellee.

ANDREWS, Presiding Judge.

In Rice v. Higginbotham, 235 Ga. App. 378 ( 508 S.E.2d 736) (1998), we concluded that Rice's caveat was timely, and reversed the judgment of the probate court striking the caveat as untimely. In so ruling, we concluded it was unnecessary to address remaining enumerations of error raised by Rice. Id. at 381. In Higginbotham v. Rice, 271 Ga. 262 ( 517 S.E.2d 784) (1999), the Supreme Court concluded the caveat was untimely and reversed the judgment of this Court.

On remittitur from the Supreme Court, we conclude that Rice's remaining enumerations of error were either decided adversely to Rice by the decision of the Supreme Court, or are without merit.

Accordingly, the judgment of the Supreme Court is made the judgment of this Court, and the probate court's judgment striking Rice's caveat is affirmed. Judgment affirmed. Ruffin and Ellington, JJ., concur.

ANDREWS, Presiding Judge.

DECIDED AUGUST 25, 1999 — RECONSIDERATION DENIED SEPTEMBER 30, 1999 — CERT. APPLIED FOR.