City of Mansfield v. Georgia Transmission Corporation

• Court: Court of Appeals of Georgia
• Decided: March 14, 2013
• Docket: A13A1032
• Status: Published

Opinion

Court of Appeals of the State of Georgia

March 14, 2013 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A13A1032. CITY OF MANSFIELD v. GEORGIA TRANSMISSION CORPORATION.

In this direct appeal from a condemnation action, the City of Mansfield seeks review of the trial court’s October 1, 2012, order denying its motion to dismiss. Appellee Georgia Transmission Corporation has filed a motion to dismiss this appeal for failure to comply with the interlocutory appeal requirements. As the October 1 order reflects, issues – including the property’s value – remain pending before the trial court. Because the case remains pending below, the City was required to follow the interlocutory appeal procedures to obtain immediate review of the October 1 order. See OCGA § 5-6-34 (b); Fountain v. DeKalb County, 238 Ga. 14 (231 SE2d 49) (1976). The City’s failure to do so deprives this Court of jurisdiction. Accordingly, the appellee’s motion is GRANTED and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/14/2013 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.