David Wimbush v. Shabrita McDuffie

• Court: Court of Appeals of Georgia
• Decided: October 28, 2016
• Docket: A17A0435
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 28, 2016

The Court of Appeals hereby passes the following order:

A17A0435. DAVID WIMBUSH v. SHABRITA MCDUFFIE.

David Wimbush filed a personal injury action against Shabrita, Olivia, and Stanford McDuffie. The trial court later granted Shabrita McDuffie’s motion to enforce a settlement agreement and dismissed Wimbush’s claims against her. Wimbush then filed this direct appeal. We lack jurisdiction. “In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment. In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal requirements of OCGA § 5-6-34 (b). Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989) (citation and punctuation omitted); see also Underwood v. Dunn, 215 Ga. App. 252 (451 SE2d 129) (1994). Because Wimbush’s claims against Olivia and Stanford McDuffie remain pending below, the challenged order is not a final order. Moreover, the trial court did not direct the entry of final judgment in accordance with OCGA § 9-11-54 (b). Under these circumstances, Wimbush could appeal the order only by following the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b). See Johnson, supra. His failure to follow that procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 10/28/2016 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.