JERMAINE WALLACE v. CITY OF ATLANTA

Court of Appeals of Georgia

JERMAINE WALLACE v. CITY OF ATLANTA

DecidedDecember 7, 2022

DocketA23A0618

StatusPublished

This text of JERMAINE WALLACE v. CITY OF ATLANTA (JERMAINE WALLACE v. CITY OF ATLANTA) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

JERMAINE WALLACE v. CITY OF ATLANTA, (Ga. Ct. App. 2022).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 07, 2022

The Court of Appeals hereby passes the following order:

A23A0618. JERMAINE WALLACE et al. v. CITY OF ATLANTA.

After their son was killed while walking to school, Jermaine Wallace and Dorothy Wallace filed a wrongful death suit against the City of Atlanta (“the City”) and several other defendants, including the Georgia Department of Transportation and Antoinette Monique Peters. The City filed a motion to dismiss on the basis of insufficient ante litem notice, and the trial court granted the City’s motion. The Wallaces thereafter 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.” Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015). Under such circumstances, there must be either an express determination that there is no just reason for delay under OCGA § 9-11-54 (b) or compliance with the interlocutory appeal procedures of OCGA § 5-6-34 (b). Id. “Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Id. (footnote omitted). Here, the trial court did not direct the entry of judgment under OCGA § 9-11-54 (b) and it appears that the Wallaces’ claims against the other defendants remain pending. Thus, the Wallaces were required to use the interlocutory appeal procedure – including obtaining a certificate of immediate review from the trial court – to appeal. See OCGA § 5-6-34 (b); Shoenthal, 333 Ga. App. at 730. Their failure to do so means we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/07/2022 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 07, 2022

The Court of Appeals hereby passes the following order:

A23A0618. JERMAINE WALLACE et al. v. CITY OF ATLANTA.

After their son was killed while walking to school, Jermaine Wallace and Dorothy Wallace filed a wrongful death suit against the City of Atlanta (“the City”) and several other defendants, including the Georgia Department of Transportation and Antoinette Monique Peters. The City filed a motion to dismiss on the basis of insufficient ante litem notice, and the trial court granted the City’s motion. The Wallaces thereafter 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.” Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015). Under such circumstances, there must be either an express determination that there is no just reason for delay under OCGA § 9-11-54 (b) or compliance with the interlocutory appeal procedures of OCGA § 5-6-34 (b). Id. “Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Id. (footnote omitted). Here, the trial court did not direct the entry of judgment under OCGA § 9-11-54 (b) and it appears that the Wallaces’ claims against the other defendants remain pending. Thus, the Wallaces were required to use the interlocutory appeal procedure – including obtaining a certificate of immediate review from the trial court – to appeal. See OCGA § 5-6-34 (b); Shoenthal, 333 Ga. App. at 730. Their failure to do so means we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/07/2022 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.

Cite This Page — Counsel Stack

Bluebook (online)

JERMAINE WALLACE v. CITY OF ATLANTA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jermaine-wallace-v-city-of-atlanta-gactapp-2022.

Opinion

Related

Cite This Page — Counsel Stack