Barbara Sherrod v. Virginia Helmuth

• Court: Court of Appeals of Georgia
• Decided: June 2, 2025
• Docket: A25A1605
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 02, 2025

The Court of Appeals hereby passes the following order:

A25A1605. BARBARA SHERROD v. VIRGINIA HELMUTH.

After a jury trial, the trial court entered judgment in favor of Defendant Barbara Sherrod. Plaintiff Virginia Helmuth filed a motion for new trial, which the trial court granted. In doing so, the trial court stated that it would not address Sherrod’s motion for attorney fees and costs under OCGA § 9-11-68. From that order, Sherrod filed this direct appeal. We, however, lack jurisdiction. In a civil case, “[t]he grant of a motion for new trial is not a final order from which a direct appeal may be taken.” Murray v. Rozier, 186 Ga. App. 184, 185 (367 SE2d 886) (1988) (emphasis in original). See also Cotton States Mut. Ins. Co. v. Bishop, 170 Ga. App. 9, 9 (316 SE2d 167) (1984) (“A judgment granting a new trial is not a final judgment[.]”) (citation and punctuation omitted). To obtain appellate review at this juncture, Sherrod was required to comply with the interlocutory appeal procedure of OCGA § 5-6-34 (b). See Murray, 186 Ga. App. at 185. And given that the order she seeks to appeal is not a final order, Sherrod has no right of direct appeal from the implicit denial of her request for attorney fees under OCGA § 9-11-68 contained in that order. See generally Vourvoulias v. Cash, 372 Ga. App. 148, 150 (904 SE2d 6) (2024). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/02/2025 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.