Christy Poon-Atkins v. Geosam Capital US (Georgia), LLC

• Court: Court of Appeals of Georgia
• Decided: May 10, 2023
• Docket: A23A1408
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 10, 2023

The Court of Appeals hereby passes the following order:

A23A1408. CHRISTY POON-ATKINS v. GEOSAM CAPITAL US (GEORGIA), LLC.

In this civil action, defendant Christy Poon-Atkins filed the instant direct appeal from the trial court’s order denying her motion to dismiss the plaintiff’s complaint.1 We lack jurisdiction. Because this action remains pending below, the defendant was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal the denial of her motion to dismiss. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). The defendant’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/10/2023 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.

1 The defendant directed her appeal to the Supreme Court of Georgia, which transferred it here. Case No. S23A0689 (Apr. 4, 2023).