BRIANA DOWNS v. PROGRESSIVE MOUNTAIN INSURANCE COMPANY

• Court: Court of Appeals of Georgia
• Decided: November 7, 2024
• Docket: A25A0452
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 07, 2024

The Court of Appeals hereby passes the following order:

A25A0452. BRIANA DOWNS et al v. PROGRESSIVE MOUNTAIN INSURANCE COMPANY.

In this personal injury action arising out of an automobile accident, plaintiffs filed a complaint for damages and obtained a default judgment. Progressive Mountain Insurance Company filed a motion to set aside the default judgment, which the trial court granted. Plaintiffs filed a notice of appeal from the trial court’s order. We, however, lack jurisdiction. “The grant of a motion to set aside a default judgment . . . leaves the case pending in the trial court below and is not a final judgment. Because the judgment is not final, a direct appeal under OCGA § 5-6-34 (a) is not authorized[.]” Laff Lines, Ltd. v. Dimauro, 186 Ga. App. 24, 25 (366 SE2d 375) (1988) (emphasis in original). See also Hooper v. Taylor, 230 Ga. App. 128 (1) (495 SE2d 594) (1998). Rather, plaintiffs were required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b). See Laff Lines, 186 Ga. App. at 25. Plaintiffs’ failure to do so deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/07/2024 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.