Drewry E. Haskins, III v. Phyllis C. Haskins

• Court: Court of Appeals of Georgia
• Decided: October 26, 2022
• Docket: A23D0084
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 26, 2022

The Court of Appeals hereby passes the following order:

A23D0084. DREWRY E. HASKINS, III v. PHYLLIS C. HASKINS.

After a trial, a jury reached a verdict in a divorce case between Drewry E. Haskins, III (the “Husband”) and Phyllis C. Haskins (the “Wife”). Before the trial court entered a judgment on the verdict, the Wife moved for a new trial. The trial court granted the Wife’s motion, and the Husband filed this application for discretionary review. We lack jurisdiction. The grant of a motion for new trial is an interlocutory ruling. See Rockdale Awning & Iron Co. v. Kerbow, 210 Ga. App. 119, 121 (2) (435 SE2d 619) (1993). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Although the Husband filed a discretionary application, “[t]he 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).” Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). The Husband’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/26/2022 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.