Civil Appeals
The attorneys at Gaslowitz Frankel LLC have extensive experience in handling appeals in civil matters. Craig Frankel started his legal career as a legal clerk for the Chief Judge of the Eleventh Circuit Court of Appeals. Mr. Frankel has handled appeals of complex issues in both state and federal courts. Mr. Frankel and Gaslowitz Frankel LLC lawyers have been particularly successful in handling the appeals of cases tried by other attorneys. We bring the appellate experience and creative approaches that often cannot be achieved by the attorney who tried the case.
Legal News & Firm Updates
Smith v. Wyatt - Presumption of the probate court’s correctness in the absence of a hearing transcript
Posted: March 25th, 2009 by Gaslowitz Frankel LLC
The decedent’s sister filed a caveat (objection to a will) alleging that the decedent lacked testamentary capacity and had been unduly influenced by the person named as executor in the decedent’s will. The caveat also claimed that the person named as sole heir in the will was neither the natural nor adopted child of the decedent, thereby making the caveator (person challenging the will) the decedent’s sole heir-at-law. After a hearing that was not transcribed, the probate court issued an order dismissing the caveat because the caveator failed to prove that the child was not the decedent’s heir-at-law, and thus, the caveator lacked standing (the right to make a legal claim) to challenge the will. Upon appeal, the Supreme Court held that in the absence of a hearing transcript, there was a presumption that the probate court’s determination was correct.
282 Ga. 902 (2008)
| Related News | Civil Appeals, Probate and Estate Disputes, Will Disputes, Will and Estate Disputes |
Photograph by 
