Chynahn Muhammad v. Iris Hinton

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ February 27, 2014

The Court of Appeals hereby passes the following order:

A14A0938. CHYNAHN MUHAMMAD, et al. v. IRIS HINTON.

Chynahn Muhammad and Ali S. Muhammad filed suit against Iris Hinton. The plaintiffs filed a motion for summary judgment, which the trial court denied. They then filed this direct appeal. The trial court’s order denying the motion for summary judgment was not a final order, because the case remains pending below. Accordingly, the plaintiffs were required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) to obtain appellate review at this point. See Pace Constr. Corp. v. Northpark Assoc.,215 Ga. App. 438, 439 (450 SE2d 828) (1994). Because the plaintiffs failed to comply with the requisite interlocutory procedures, their premature appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 02/27/2014 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.