Barrow County Board of Commissioners v. Michael Goodyear

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ June 21, 2012

The Court of Appeals hereby passes the following order:

A12I0265. BARROW COUNTY BOARD OF COMMISSIONERS v.

MICHAEL GOODYEAR, et al.

Barrow County Board of Commissioners (“the Board”) seeks interlocutory review of the trial court’s order denying a motion to dismiss. The trial court entered the order on April 24, 2012, and granted a certificate of immediate review on May 4, 2012. The application for interlocutory appeal, however, was not filed until twenty days later on May 24, 2012.

Pursuant to OCGA § 5-6-34 (b), an application for interlocutory appeal must be filed within ten days after the granting of a certificate of immediate review. The Board’s failure to comply with the requisite interlocutory procedure deprives us of jurisdiction. See Rhymes v. East Atlanta Church Of God, Inc., 284 Ga. 145, 148 (663 SE2d 670) (2008). Accordingly, this application for interlocutory appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 06/21/2012

Clerk’s Office, Atlanta,_________________ 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.