Brooke Donahue v. Amica Insurance Company

• Court: Court of Appeals of Georgia
• Decided: February 7, 2024
• Docket: A24D0218
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 07, 2024

The Court of Appeals hereby passes the following order:

A24D0218. BROOKE DONAHUE v. AMICA MUTUAL INSURANCE COMPANY.

Plaintiff Brooke Donahue has filed a timely application for discretionary review

of the trial court’s order granting summary judgment to uninsured motorist carrier

Amica Mutual Insurance Company in this civil action. No discretionary application

is required, however, as the grant of summary judgment on any issue or as to any party

may be appealed directly under OCGA § 9-11-56 (h), and this action does not appear

to fall within one of the categories of cases for which a discretionary application is

required to seek appellate review under OCGA § 5-6-35 (a).

Under OCGA § 5-6-35 (j), this Court will grant a timely application for

discretionary review if the lower court’s order is subject to direct appeal. See City of

Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this

application is hereby GRANTED. Donahue shall have ten days from the date of this

order to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g). If Donahue

already has filed a notice of appeal in the trial court, then she need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the

record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/07/2024 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.