Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 20, 2018
The Court of Appeals hereby passes the following order:
A19E0004. SMITH et al. v. MURPHY.
Appellants Marvin B. Smith, III and Sharon H. Smith have filed an emergency
motion under Court of Appeals Rule 40 (b) seeking to vacate several orders of the
trial court below that they allege are void for lack of subject matter jurisdiction.
Court of Appeals Rule 40 (b) provides:
In the exercise of its inherent power, this Court may issue such orders
or give such direction to the trial court as may be necessary to preserve
jurisdiction of an appeal or to prevent the contested issue from becoming
moot. This power shall be exercised sparingly. Generally, no order
shall be made or direction given in an appeal until it has been docketed
in this Court.
Because the relief Appellants seek is not within the narrow scope of Rule 40 (b), their
motion is hereby DENIED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/20/2018
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.