Holly Loy Smith v. City of Atlanta

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ August 06, 2014

The Court of Appeals hereby passes the following order:

A14A2149. HOLLY LOY SMITH v. CITY OF ATLANTA et al.

Holly Loy Smith and her attorneys filed this direct appeal from the trial court’s order awarding attorney fees under OCGA § 9-15-14 to five of the defendants. Generally, appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10). Here, however, it appears that claims remain pending in the trial court. Because no final judgment has been entered, the appellants were required to follow the interlocutory appeal procedure. See OCGA § 5-6-34 (b); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587 (408 SE2d 103) (1991). Their failure to do so deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia 08/06/2014 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.