Katya Reed v. Foursight Capital, LLC

• Court: Court of Appeals of Georgia
• Decided: December 28, 2022
• Docket: A22A1444
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 28, 2022

The Court of Appeals hereby passes the following order:

A22A1444. REED v. FOURSIGHT CAPITAL, LLC.

Foursight Capital, LLC filed an action in state court against Katya Reed, seeking a writ of possession of a motor vehicle. Reed filed an answer and counterclaims for fraud, slander, harassment, and identity theft, claiming total damages of at least $90,000. The trial court issued a writ of possession to Foursight. Reed filed this pro se direct appeal from the writ of possession. 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. In such circumstances, there must be an express determination [of no just reason for delay and entry of a final judgment] under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal requirements of OCGA § 5-6-34 (b). Where neither of these code sections are followed, the appeal is premature and must be dismissed. Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015) (citation omitted). Here, the writ of possession does not address Reed’s counterclaims and there is nothing else in the record indicating a final resolution of those claims or an express determination and entry of final judgment under OCGA § 9-11-54 (b). Because it appears from the record that Reed’s counterclaims remain pending below and that the trial court did not expressly direct the entry of a final judgment under OCGA § 9-11- 54 (b), Reed was required to comply with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b). See Islamkhan v. Khan, 299 Ga. 548, 551 (2) (787 SE2d 731) (2016). Her failure to do so means that we lack jurisdiction over this appeal, which must be, and hereby is, dismissed. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996); Shoenthal, supra.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/28/2022 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.