Herald Alexander v. Mary A. White

• Court: Court of Appeals of Georgia
• Decided: June 15, 2022
• Docket: A22A1244
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 15, 2022

The Court of Appeals hereby passes the following order:

A22A1244. HERALD ALEXANDER v. MARY A. WHITE.

In this breach of contract action, the trial court denied Herald Alexander’s motion for partial summary judgment. Alexander filed a notice of appeal from the trial court’s order. We lack jurisdiction. The denial of a motion for summary judgment must be appealed in accordance with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review from the trial court. See Georgia Central Credit Union v. Cole, 239 Ga. 870, 870-871 (239 SE2d 37) (1977); Sharpe’s Appliance Store, Inc. v. Anderson, 161 Ga. App. 112 (289 SE2d 312) (1982); see also Lumbermen’s Underwriting Alliance v. Atlantic Wood Indus., Inc., 207 Ga. App. 392, 392 (427 SE2d 861) (1993). Alexander’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Pace Constr. Corp. v. Northpark Assocs., 215 Ga. App. 438, 439 (450 SE2d 828) (1994). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/15/2022 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.