Estate of June White Purvis - Interlocutory Application Dismissed

GA Court of Appeals Opinions

Filed March 18th, 2026

Detected March 18th, 2026

Summary

The Georgia Court of Appeals has dismissed an interlocutory application in the Estate of June White Purvis case. The dismissal was due to the untimely filing of the certificate of immediate review by the probate court, which is a jurisdictional requirement for interlocutory appeals.

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What changed

The Georgia Court of Appeals, in the case concerning the Estate of June White Purvis, has dismissed an interlocutory application filed by Jerry G. Purvis, Jr. The dismissal stems from the probate court's failure to issue a timely certificate of immediate review following its denial of a summary judgment motion. The certificate was signed 14 days after the order and entered 16 days later, exceeding the 10-day jurisdictional limit set by OCGA § 5-6-34(b).

This ruling reinforces the strict procedural requirements for interlocutory appeals in Georgia. Parties seeking immediate review must ensure that the certificate of immediate review is obtained and entered within the statutory timeframe. Failure to do so means the appeal cannot proceed at this stage, and the party must typically wait for a final judgment to appeal. Legal professionals involved in probate or other civil litigation in Georgia should be mindful of these deadlines to preserve their clients' appellate rights.

What to do next

Review internal procedures for timely filing of certificates of immediate review in Georgia probate and civil litigation.
Ensure all appellate deadlines, particularly for interlocutory appeals, are strictly adhered to.

Source document (simplified)

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March 18, 2026 Get Citation Alerts Download PDF Add Note

In Re Estate of June White Purvis

Court of Appeals of Georgia

Citations: None known
Docket Number: A26I0148
Disposition: Interlocutory Application Dismissed
Opinion
Authorities (5)
Cited By (0)
Summaries (0)
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Disposition

Interlocutory Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 18, 2026

The Court of Appeals hereby passes the following order:

A26I0148. IN RE ESTATE OF JUNE WHITE PURVIS, DECEASED.

In May 2024, Jerry G. Purvis, Jr. filed a petition to probate a will of June White
Purvis. Juliet Purvis filed a caveat, asserting the will was obtained through undue
influence. Thereafter, Jerry G. Purvis, Jr. filed a motion for summary judgment. On
January 26, 2026, the probate court entered an order denying the motion. On
February 9, 2026, the probate court signed a certificate of immediate review that was
ultimately entered on February 11, 2026. Jerry G. Purvis, Jr. filed this application for
interlocutory appeal on February 23, 2026.
A party may seek interlocutory review only if the court “certifies within ten
days of entry thereof that the order, decision, or judgment is of such importance to the
case that immediate review should be had.” OCGA § 5-6-34(b). A timely certificate
of immediate review is a jurisdictional requirement. Islamkhan v. Khan, 299 Ga. 548,
551 (2) (787 SE2d 731) (2016). If the certificate is not entered within the ten-day
period, it is untimely, and the party seeking review generally must wait until final
judgment to appeal. OCGA § 5-6-34(b); Duke v. State, 306 Ga. 171, 178 (3)(a) (829
SE2d 348) (2019). In this case, the probate court did not sign the certificate of
immediate review until 14 days after entry of the order at issue, and the certificate was
not entered until 16 days after the order.
Jerry G. Purvis, Jr. claims he was not served with the order until January 29,
2026, and cites to Minor v. Barwick, 264 Ga. App. 327, 327 n.1 (590 SE2d 754) (2003),
to argue that due to the clerk’s delay of delivery, we should accept the certificate of
immediate review as timely. Minor, however, is inapposite. In that case, we accepted
a certificate of immediate review when “the certificate was signed by the trial court
and delivered to the clerk’s office” within the deadline, “but due to clerical error it
was not stamped filed until” after the deadline. Id. Here, however, the certificate of
immediate review was not even signed within ten days of the probate court order.
Moreover, OCGA § 5-6-34(b) requires the certification “within ten days of entry
thereof that the order,” and does not contemplate when the order is received. See
Turner v. Harper, 231 Ga. 175, 175 (200 SE2d 748) (1973) (a certificate of immediate
review “must be filed with the clerk of the trial court or ‘entered’ within the ten-day
period in order to secure immediate review of a nonfinal judgment”).
As there was no timely certificate of immediate review, this Court lacks
jurisdiction over this application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/18/2026
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.