Multi Bank 2009-1 Cml-Adc Venture, LLC v. Hamilton State Bank

• Court: Court of Appeals of Georgia
• Decided: September 10, 2014
• Docket: A14I0280
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ August 27, 2014

The Court of Appeals hereby passes the following order:

A14I0280. MULTIBANK 2009-1 CML-ADC VENTURE, LLC v. HAMILTON STATE BANK.

Multibank 2009-1 CML-ADC Venture, LLC. filed this timely application for interlocutory appeal from an order granting summary judgment to Hamilton State Bank. Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. See Whiddon v. Stargell, 192 Ga. App. 826, 827-28 (386 SE2d 884) (1989). The order Multibank seeks to appeal is thus directly appealable and is not subject to the interlocutory appeal requirements. “This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 602 SE2d 246 (2004). Accordingly, application A14I0280 is hereby GRANTED. Multibank shall have ten days from the date of this order to file a notice of appeal with the trial court. If it has already filed a notice of appeal from the order at issue, it need not file a second notice. The Clerk of the Superior Court of Barrow County is directed to include a copy of this order in the appeal record transmitted to this Court. Court of Appeals of the State of Georgia 08/27/2014 Clerk’s Office, Atlanta,__________________ 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.