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In re Estate of Hunter

March 23, 1999

IN THE MATTER OF ESTATE OF JOE D. HUNTER, DECEASED: MICHAEL D. SMITH APPELLANT
v.
ORA MAE HUNTER, ADMINISTRATRIX AND ORA MAE HUNTER, INDIVIDUALLY, IDESSIA COLLINS, MATTIE WILL PRICE, ANNIE LAURA MCDONALD AND MINNIE PEARL STOKES APPELLEES



Before Thomas, P.j., Lee, Payne, And Southwick, JJ.

The opinion of the court was delivered by: Payne, J.

DATE OF JUDGMENT: 03/06/1997

TRIAL JUDGE: HON. JERRY G. MASON

COURT FROM WHICH APPEALED: CLARKE COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - WILLS, TRUSTS AND ESTATES

TRIAL COURT DISPOSITION: APPELLANT'S PETITION DISMISSED WITH PREJUDICE

DISPOSITION: AFFIRMED IN PART AND REVERSED AND REMANDED IN PART - 03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

PROCEDURAL POSTURE AND ISSUES PRESENTED

¶1. This case is before the Court challenging the chancellor's action in dismissing with prejudice Michael D. Smith's petition to establish paternity as a sanction for Smith's failure to comply with an order of the trial court. On appeal, Smith raises the following four issues for our consideration that we take verbatim from his brief: 1) whether Michael David Smith is the natural son of Joe D. Hunter, deceased, 2) whether the trial court committed reversible error in denying the telephone testimony of Michael David Smith's mother, Nellie Mae Smith Clewis, 3) whether Michael D. Hunter is the rightful owner of the 1984 Cadillac Deville which was a gift to him by the decedent, Joe D. Hunter, before the death of the decedent, and 4) whether the trial court abused its discretion when it dismissed with prejudice Michael David Smith's petition to establish heirship and other relief as a sanction for his failure to return the 1984 Cadillac Deville to the administratrix of the estate of Joe D. Hunter pursuant to the trial court's order.

ΒΆ2. After reviewing the record, briefs, and applicable precedents, we decline to reach Issue I, we affirm as to Issue II and Issue III, and ...


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