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Garren v. Garren

The superior court erred in setting aside an award of a year's support for failure to provide evidence regarding the amount sufficient to constitute a year's support, because the burden only shifts to the petitioner once objection is made, and the widow's son never filed proper objection.

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Dorothy Garren appeals from the superior court’s reversal of an award of year’s support after the death of her husband. She contends that the superior court erred in denying her motions for dismissal and for summary adjudication, as well as challenges the superior court’s jurisdiction to reverse the grant of a year’s support. Finding that the superior court was without jurisdiction to reverse the award of year’s support, we reverse.

In 2007, Ralph Garren died testate, leaving his wife, Dorothy,1 and several adult children, including a son, Rick Garren. Dorothy filed a petition for year’s support in Fannin County Probate Court. Although Rick did not file an objection with the Probate Court clerk’s office, he later testified that he sent a copy of a handwritten letter signed by himself and his mother, Dorothy, to the probate judge’s chambers seeking to withdraw the petition for a year’s support. This letter was not filed with the probate court and is not part of the record. The probate court entered a final order, awarding the property sought in petition, which included approximately six acres of property.2 Rick appealed this award to the Fannin County Superior Court, and the case was transferred on June 12, 2009.

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