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Routine Enforcement Amended Final

Estate of Jack Williams, Georgia Appeal Dismissed

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Summary

The Court of Appeals of Georgia dismissed appeal A26A0769 in the Estate of Jack Williams case because the appellant filed a pro se notice of appeal while still represented by attorney Daniel Wilder, with no court order permitting withdrawal. The court held this rendered the notice a legal nullity under Georgia precedent, depriving the appellate court of jurisdiction.

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What changed

The Court of Appeals dismissed the appeal holding that a pro se notice of appeal filed by a represented party is a legal nullity and does not confer appellate jurisdiction. The court cited OCGA § 5-6-38(a) and prior decisions in Romich v. All Secure, Inc. and Weinstock v. Small establishing that counsel withdrawal requires a trial court order.

Affected parties—particularly estate beneficiaries and litigants in probate proceedings—should ensure that any change in legal representation is formalized through a court-approved withdrawal order before filing pro se documents. Pro se filers who wish to represent themselves must first obtain proper authorization from the trial court.

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Apr 17, 2026

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April 17, 2026 Get Citation Alerts Download PDF Add Note

In Re: Estate of Jack Williams

Court of Appeals of Georgia

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 17, 2026

The Court of Appeals hereby passes the following order:

A26A0769. IN RE: ESTATE OF JACK WILLIAMS, DECEASED.

In this estate administration proceeding, the probate court issued a final order
on September 3, 2025, granting the estate representative’s petition for leave to sell
certain real property. On September 10, 2025, Crandall Postell, a great-grandchild of
the decedent, filed a timely pro se notice of appeal. See OCGA § 5-6-38(a). We lack
jurisdiction.
Postell was represented by attorney Daniel Wilder throughout the probate court
proceedings. And the record on appeal contains no indication that the probate court
issued an order permitting Wilder’s withdrawal.1 A layperson may not represent
himself and also be represented by an attorney. Romich v. All Secure, Inc., 361 Ga. App.
505, 505 (863 SE2d 179) (2021). And “a formal withdrawal of counsel cannot be
accomplished until after the trial court issues an order permitting the withdrawal.” Id.
(quotation marks omitted). Consequently, Postell’s pro se notice of appeal is a nullity,
as he was represented by counsel when he filed it. See Weinstock v. Small, 378 Ga.
App. 319, 320 (925 SE2d 760) (2026) (“[A] pro se notice of appeal filed by a
represented party in a civil case[ ] is a legal nullity and does not confer appellate
jurisdiction to this Court.”); Romich, 361 Ga. App. at 505 (dismissing appeal because
the appellant’s pro se notice of appeal, filed while she was represented by counsel, was

1
In his notice of appeal, Postell instructed the probate court clerk to “to submit
all documents extant in the record including all pleadings, discovery, motions, and
responses contained in the record of the Court.” No withdrawal order appears in
these filings.
a nullity); In the Interest of N. C., 358 Ga. App. 379, 379 (855 SE2d 379) (2021) (same).
We therefore lack jurisdiction to consider this pro se appeal, which is hereby
DISMISSED. See Weinstock, 378 Ga. App. at 320; Romich, 361 Ga. App. at 505; In the
Interest of N. C., 358 Ga. App. at 379.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/17/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.

Named provisions

OCGA § 5-6-38(a)

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Last updated

Classification

Agency
GA Court of Appeals
Filed
April 17th, 2026
Instrument
Enforcement
Legal weight
Binding
Stage
Final
Change scope
Minor
Document ID
A26A0769
Docket
A26A0769

Who this affects

Applies to
Courts Legal professionals
Industry sector
9211 Government & Public Administration
Activity scope
Appellate procedure Civil litigation Estate administration
Geographic scope
US-GA US-GA

Taxonomy

Primary area
Judicial Administration
Operational domain
Legal
Topics
Civil Rights Employment & Labor

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