Marlene Evans v. 2nd Generation Shipman, LLC

• Court: Court of Appeals of Georgia
• Decided: April 2, 2025
• Docket: A25A1305
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 02, 2025

The Court of Appeals hereby passes the following order:

A25A1305. MARLENE EVANS v. 2ND GENERATION SHIPMAN, LLC.

In this action related to the foreclosure of property, the trial court consolidated three cases into a single case. Marlene Evans has filed a direct appeal from that order. 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.” Here, it is clear that this action is still pending in the consolidated case in the trial court, and thus, the order Evans seeks to appeal is a non-final order. In order to appeal this ruling, Evans was required to follow the interlocutory appeal procedures, which include obtaining a certificate of immediate review from the trial court. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996). Evans’s failure to comply with the interlocutory appeal procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/02/2025 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.