Cotton v. Broad River Realty, Inc.

Court of Appeals of Georgia

Cotton v. Broad River Realty, Inc.

454 S.E.2d 183, 216 Ga. App. 306, 95 Fulton County D. Rep. 568, 1995 Ga. App. LEXIS 98

Court of Appeals of Georgia·Decided February 14, 1995·No. A94A2415·Published

Opinion

Ruffin, Judge.

Thomas E. Cotton filed a complaint against Broad River Realty, Inc. and others, to which Wayne Colston, one of the named defendants, filed a counterclaim for a writ of possession. After the hearing on Colston’s demand for possession, Cotton filed a motion requesting the right to purchase a copy of the hearing transcript. Cotton filed this direct appeal from the trial court’s order denying that motion.

As the complaint and counterclaim are still pending, the trial court’s order “ ‘cannot be considered a final judgment within the meaning of OCGA § 5-6-34 (a) (1), and it follows that we are without jurisdiction to entertain a direct appeal from it.’ [Cit.]” Chatham County Hosp. Auth. v. Mack, 185 Ga. App. 13, 14 (363 SE2d 264) (1987). Further, we do not agree with Cotton that OCGA § 9-11-60 (g) is applicable in this case. Cotton has pointed to no portion of the limited record that would support his argument that a clerical mistake was made and we cannot find any.

Appeal dismissed.

Birdsong, P. J., and Blackburn, J., concur.

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Ruffin, Judge.

Thomas E. Cotton filed a complaint against Broad River Realty, Inc. and others, to which Wayne Colston, one of the named defendants, filed a counterclaim for a writ of possession. After the hearing on Colston’s demand for possession, Cotton filed a motion requesting the right to purchase a copy of the hearing transcript. Cotton filed this direct appeal from the trial court’s order denying that motion.

As the complaint and counterclaim are still pending, the trial court’s order “ ‘cannot be considered a final judgment within the meaning of OCGA § 5-6-34 (a) (1), and it follows that we are without jurisdiction to entertain a direct appeal from it.’ [Cit.]” Chatham County Hosp. Auth. v. Mack, 185 Ga. App. 13, 14 (363 SE2d 264) (1987). Further, we do not agree with Cotton that OCGA § 9-11-60 (g) is applicable in this case. Cotton has pointed to no portion of the limited record that would support his argument that a clerical mistake was made and we cannot find any.

Appeal dismissed.

Birdsong, P. J., and Blackburn, J., concur.

Cotton v. Broad River Realty, Inc., 454 S.E.2d 183, 216 Ga. App. 306, 95 Fulton County D. Rep. 568, 1995 Ga. App. LEXIS 98 (Ga. Ct. App. 1995).

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454 S.E.2d 183 (Cotton v. Broad River Realty, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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