Daniel Eric Cobble v. Stephanie Anne Lockhart

• Court: Court of Appeals of Georgia
• Decided: July 13, 2012
• Docket: A12D0423
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ July 13, 2012

The Court of Appeals hereby passes the following order:

A12D0423. DANIEL ERIC COBBLE v. STEPHANIE ANNE LOCKHART.

Daniel Eric Cobble, plaintiff in the civil action below, seeks review of the trial court’s order of March 7, 2012.1 In that order, the court denied his “Emergency Motion for Impeachment,” which it construed as a motion for recusal. “Denials of motions to recuse are interlocutory in nature. An appeal of such an order requires compliance with the interlocutory appeal provisions of OCGA § 5- 6-34 (b),” including obtaining a certificate of immediate review within ten days of the order sought to be appealed. Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d 157) (2002); see also Warringer v. Warringer, 204 Ga. App. 86 (418 SE2d 446) (1992). Accordingly, Cobble’s failure to comply with the interlocutory appeal procedures and obtain a certificate of immediate review deprives this Court of jurisdiction, and his application is hereby DISMISSED.

Court of Appeals of the State of Georgia 07/13/2012 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.

1 Cobble filed his application in the Supreme Court, which transferred it here.