Background
Appellant Johnny Brett Gregory filed a Rule 40(b) motion in litigation against Cynthia Noles Johnson, Executor. The order does not describe the underlying dispute, the relief Gregory sought, or the grounds for his motion.
The Supreme Court of Georgia transferred the motion to the Court of Appeals of Georgia on August 19, 2026. The Court of Appeals considered the transferred motion the following day.
The Court’s Holding
The Court of Appeals denied Gregory’s Rule 40(b) motion.
The court issued a summary order and provided no reasoning for the denial. It therefore did not announce a broader legal rule or address the merits of the underlying litigation in the text provided.
Key Takeaways
- The Court of Appeals denied Gregory’s Rule 40(b) motion.
- The Supreme Court of Georgia had transferred the motion to the Court of Appeals one day earlier.
- The summary order identifies no participating judges and gives no explanation for the ruling.
Why It Matters
The order resolves Gregory’s transferred Rule 40(b) motion by denying it. Because the court supplied no analysis, the order offers no stated rationale for attorneys to apply beyond its procedural disposition.