Matthew Charles Cardinale v. City of Atlanta

• Court: Court of Appeals of Georgia
• Decided: March 21, 2023
• Docket: A23A1075
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 21, 2023

The Court of Appeals hereby passes the following order:

A23A1075. MATTHEW CHARLES CARDINALE v. CITY OF ATLANTA.

Matthew Charles Cardinale filed a complaint for declaratory judgment against the City of Atlanta. After the City failed to answer, Cardinale moved for default judgment. After a hearing, the trial court entered a default judgment against the City. The City filed a motion to set aside the default judgment, which the trial court granted. Cardinale then filed this direct appeal. We, however, lack jurisdiction “The grant of a motion to set aside a default judgment . . . leaves the case pending in the trial court below and is not a final judgment.” Laff Lines, Ltd. v. Dimauro, 186 Ga. App. 24, 25 (366 SE2d 375) (1988) (emphasis in original). Because the order that Cardinale wishes to appeal is not a final judgment, he was required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6- 34 (b). See id. Cardinale’s failure to comply with the interlocutory appeal procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/21/2023 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.