Alfreda L. Williams v. Daniella E. Solis

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 10, 2018

The Court of Appeals hereby passes the following order:

A18D0423. ALFREDA L. WILLIAMS v. DANIELLA E. SOLIS.

Alfreda L. Williams seeks discretionary review of the trial court’s order awarding OCGA § 9-15-14 attorney fees to Daniella E. Solis for Williams’s conduct in seeking a frivolous motion for default judgment. The trial court denied the motion for default judgment, and the underlying lawsuit is still pending. We, therefore, lack jurisdiction. Generally, a party must follow the discretionary appeal procedures to appeal the award of OCGA § 9-15-14 attorney fees. See OCGA § 5-6-35 (a) (10). Here, however, the underlying lawsuit remains pending in the trial court. Because no final judgment has been entered, Williams was required to follow the interlocutory appeal procedures, which include obtaining a certificate of immediate review from the trial court. See OCGA § 5-6-34 (b); see also Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). Although Williams filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Williams’s failure to follow the interlocutory appeal procedures deprives this Court of jurisdiction to consider this application. Accordingly, this application is DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/10/2018 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.