Weinstock v. Small

Summary

The Georgia Court of Appeals dismissed Karen Weinstock’s appeal from orders dismissing her pro se motion for new trial and awarding attorney fees. The court held that her pro se notice of appeal was a legal nullity because she remained represented by counsel in this civil matter, and concluded that the criminal-context rule recognized in Johnson v. State did not alter the controlling civil precedent.

Holdings

1. A pro se notice of appeal filed by a party who remains represented by counsel in a civil case is a legal nullity and does not confer appellate jurisdiction when no order permitting counsel's withdrawal has been entered.
2. Johnson v. State, which permits discretion to recognize certain pro se filings by counseled criminal defendants, does not extend that discretion to pro se filings by represented parties in civil cases and did not overrule the civil nullity rule.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a pro se notice of appeal filed by a party who remained represented by counsel in a civil case.
2. Whether Johnson v. State permits an appellate court to recognize a pro se filing by a represented party in a civil matter.

Disposition

dismissed