Roberts v. JP Morgan Chase Bank, Nat'l Ass'n, A21A1598

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtPipkin, Judge.
Citation362 Ga.App. 375,868 S.E.2d 491
Docket NumberA21A1598
Decision Date26 January 2022
Parties ROBERTS v. JP MORGAN CHASE BANK, NATIONAL ASSOCIATION et al.

362 Ga.App. 375
868 S.E.2d 491

ROBERTS
v.
JP MORGAN CHASE BANK, NATIONAL ASSOCIATION et al.

A21A1598

Court of Appeals of Georgia.

January 26, 2022


868 S.E.2d 492

Catherine Gibson, for Appellant.

Gregory R. Crochet, Atlanta, Thomas A. Isler, Kimberly Council Sheridan, Jeremy Stallman, Atlanta, for Appellee.

Pipkin, Judge.

362 Ga.App. 375

This appeal arises from the trial court's order dismissing Plaintiff James T. L. Roberts’ appeal from the grant of summary judgment to Defendants/Appellees JP Morgan Chase Bank, National Association ("Chase") and Associated Credit Union ("ACU") (collectively "Defendants") in an action originally brought by Roberts for breach of contract, emotional distress, fraud, and other claims.1 As more fully set forth below, this appeal must be dismissed and the case remanded for further proceedings.

Pertinent here, the record shows that, following a hearing, the trial court entered separate orders granting summary judgment to Defendants on July 13, 2020. On July 28, 2020, Roberts filed a notice of appeal from these orders, specifying that the transcript of the summary judgment hearing would be included in the record on appeal (the "July appeal"). Roberts died on September 13, 2020, and a suggestion of death was filed by his counsel on January 25, 2021. On January 27, 2021, Roberts’ attorney asked the court reporter to prepare a transcript of the summary judgment hearing. The court

362 Ga.App. 376

reporter furnished the transcript to Roberts’ attorney on February 1, 2021, who electronically filed it in the trial court that same day.2

On February 4, 2021, Defendants filed motions to dismiss the July appeal due to Roberts’ failure to timely file the transcript. See OCGA § 5-6-48 (c). On April 27, 2021, the trial court granted Defendants’ motions to dismiss, and Roberts’ attorney filed a notice of appeal from that order on May 18, 2021 (the "May appeal"). Thereafter, Defendants moved this Court to dismiss the May appeal, arguing that because no substitution of party was made in the trial court following Roberts’

death, the notice of appeal in that case was a...

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1 practice notes
  • Fireman's Fund Ins. Co. v. Holder Constr. Grp., LLC, A21A1558
    • United States
    • United States Court of Appeals (Georgia)
    • January 26, 2022
    ..., 280 Ga. App. 314, 316 (1), 633 S.E.2d 667 (2006) (physical precedent only) ("[e]xpert opinion testimony on issues to be decided by 868 S.E.2d 491 the jury, even the ultimate issue, is admissible where the conclusion of the expert is one which jurors would not 362 Ga.App. 374 ordinarily be......
1 cases
  • Fireman's Fund Ins. Co. v. Holder Constr. Grp., LLC, A21A1558
    • United States
    • United States Court of Appeals (Georgia)
    • January 26, 2022
    ..., 280 Ga. App. 314, 316 (1), 633 S.E.2d 667 (2006) (physical precedent only) ("[e]xpert opinion testimony on issues to be decided by 868 S.E.2d 491 the jury, even the ultimate issue, is admissible where the conclusion of the expert is one which jurors would not 362 Ga.App. 374 ordinarily be......

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