JUAN RAMIREZ v. JIONEL E. PIERRE AS ASSIGNEE OF CADENAS VENTURES, LLC

• Court: Court of Appeals of Georgia
• Decided: March 7, 2025
• Docket: A25A1218
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 07, 2025

The Court of Appeals hereby passes the following order:

A25A1218. JUAN RAMIREZ et al. v. JIONEL E. PIERRE AS ASSIGNEE OF CADENAS VENTURES, LLC.

In this breach of contract action, Jionel E. Pierre received a default judgment against Juan Ramirez and Big Sky Remodel and Construction, LLC (the “Defendants”). The Defendants subsequently filed a motion to set aside, and Pierre filed motions for post-judgment discovery. The trial court denied the motion to set aside and granted Pierre’s motion to compel discovery. The Defendants then filed this direct appeal. We lack jurisdiction. Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” Where post-judgment discovery proceedings remain pending in the trial court, the case is not final. Hickey v. RREF BB SBL Acquisitions, LLC, 336 Ga. App. 411, 412 (1) (785 SE2d 72) (2016); Cornelius v. Finley, 204 Ga. App. 299, 300-301 (418 SE2d 815) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered) (emphasis omitted). Consequently, the Defendants were required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to seek appellate review of the court’s order. See OCGA § 5-6-34 (b); Cornelius, 204 Ga. App. at 301. Their failure to do so deprives us of jurisdiction over this direct appeal. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Additionally, even if the appeal were not interlocutory, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) requires the filing of an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). For these reasons, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2025 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.