Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County

Court of Appeals of Georgia

Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County

DecidedMarch 15, 2018

DocketA18A1241

StatusPublished

This text of Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County (Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County, (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 26, 2018

The Court of Appeals hereby passes the following order:

A18A1241. ALFRED STONE, AS SPOUSE OF FRANCIE STONE v. HOSPITAL AUTHORITY OF TIFT COUNTY.

Alfred Stone, the surviving spouse of Francie Stone, filed suit against Dr. Darren R. Glass and Hospital Authority of Tift County, Georgia d/b/a Tift Regional Medical Center (the “Hospital”) asserting claims of professional negligence and wrongful death following the death of his wife. Dr. Glass and the Hospital each filed separate motions to dismiss Stone’s complaint. On December 19, 2017, the trial court granted the Hospital’s motion to dismiss, concluding that Stone failed to attach an expert affidavit to his complaint that complied with the requirements in OCGA § 9- 11-9.1. Stone then filed the instant direct appeal. We, however, lack jurisdiction. “In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment.” Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989) (punctuation omitted). Although the trial court dismissed Stone’s claims against the Hospital, Stone’s claims against Dr. Glass have not been adjudicated and remain pending below. “In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal requirements of OCGA § 5-6-34 (b). Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Id. (punctuation omitted). The trial court’s order in this case did not direct the entry of judgment pursuant to OCGA § 9-11-54 (b). Therefore, the challenged order is not a final order, and it is appealable only through the interlocutory appeal procedures set forth in OCGA § 5-6- 34 (b). See id.; Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015). Stone’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider his direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/26/2018 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ February 26, 2018

The Court of Appeals hereby passes the following order:

A18A1241. ALFRED STONE, AS SPOUSE OF FRANCIE STONE v. HOSPITAL AUTHORITY OF TIFT COUNTY.

Alfred Stone, the surviving spouse of Francie Stone, filed suit against Dr. Darren R. Glass and Hospital Authority of Tift County, Georgia d/b/a Tift Regional Medical Center (the “Hospital”) asserting claims of professional negligence and wrongful death following the death of his wife. Dr. Glass and the Hospital each filed separate motions to dismiss Stone’s complaint. On December 19, 2017, the trial court granted the Hospital’s motion to dismiss, concluding that Stone failed to attach an expert affidavit to his complaint that complied with the requirements in OCGA § 9- 11-9.1. Stone then filed the instant direct appeal. We, however, lack jurisdiction. “In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment.” Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989) (punctuation omitted). Although the trial court dismissed Stone’s claims against the Hospital, Stone’s claims against Dr. Glass have not been adjudicated and remain pending below. “In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal requirements of OCGA § 5-6-34 (b). Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Id. (punctuation omitted). The trial court’s order in this case did not direct the entry of judgment pursuant to OCGA § 9-11-54 (b). Therefore, the challenged order is not a final order, and it is appealable only through the interlocutory appeal procedures set forth in OCGA § 5-6- 34 (b). See id.; Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015). Stone’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider his direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/26/2018 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.

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Alfred Stone, as Spouse of Francie Stone v. Hospital Authority of Tift County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alfred-stone-as-spouse-of-francie-stone-v-hospital-authority-of-tift-gactapp-2018.

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