Denise Laqua Brooks v. State Home Mortgage

Opinion

Court of Appeals of the State of Georgia

June 25, 2014 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14D0395. DENISE LAQUA BROOKS v. STATE HOME MORTGAGE et al.

Denise Laqua Brooks filed a civil action against America Home Key, State Home Mortgage, Georgia Housing and Finance Authority, Johnson & Freedman, LLC, and Campbell & Brannon, LLC. State Home Mortgage, Georgia Housing and Finance Authority, and Campbell & Brannon, LLC moved to dismiss the complaint for failure to state a claim, and the trial court granted their motion. Brooks then filed this application for discretionary appeal. “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.” (Punctuation omitted.) Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989). The trial court’s order dismissing the complaint against three of the five defendants was thus not a final judgment. To appeal that order, Brooks was required to comply with the interlocutory appeal procedure of OCGA § 5-6-34 (b). See id. And OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832 (471 SE2d 213) (1996). Because Brooks failed to comply with the interlocutory appeal procedure, this application for discretionary appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 06/25/2014 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.