Richard J. Rosiak v. Yp, LLC

• Court: Court of Appeals of Georgia
• Decided: September 26, 2018
• Docket: A19A0259
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 17, 2018

The Court of Appeals hereby passes the following order:

A19A0259. RICHARD J. ROSIAK v. YP, LLC.

Richard J. Rosiak filed a notice of appeal from the trial court’s order denying his motion to dismiss. However, we lack jurisdiction. The order at issue is interlocutory in nature. See MNM 5 v. Anderson/6438 Northeast Partners, Ltd., 215 Ga. App. 407, 408 (1) (451 SE2d 788) (1994) (denial of a motion to dismiss is an interlocutory ruling). “A party seeking appellate review from an interlocutory order must follow the interlocutory application procedure . . ., which includes obtaining a certificate of immediate review from the trial court.” Pace Constr. Corp. v. Northpark Assocs., 215 Ga. App. 438, 439 (450 SE2d 828) (1994); see also OCGA § 5-6-34 (b). Rosiak’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over his appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/17/2018 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.