Roderick Liptrot v. Grange Life Insurance Company

Court of Appeals of Georgia

Roderick Liptrot v. Grange Life Insurance Company

DecidedApril 3, 2020

DocketA20A1549

StatusPublished

This text of Roderick Liptrot v. Grange Life Insurance Company (Roderick Liptrot v. Grange Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Roderick Liptrot v. Grange Life Insurance Company, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 31, 2020

The Court of Appeals hereby passes the following order:

A20A1549. RODERICK LIPTROT et al. v. GRANGE LIFE INSURANCE COMPANY.

In this civil action, defendants Roderick Liptrot, Kimberly Liptrot, and Alexander & Kennedy Financial Group, LLC, filed this direct appeal from the trial court’s order granting the plaintiff’s motion to confirm an arbitration award. We lack jurisdiction. “[T]his Court has no jurisdiction to consider an appeal taken from a reviewing court’s order confirming an arbitration award; rather, upon entry of the court’s order confirming the award, a separate judgment must also be entered by the reviewing court, and this Court has jurisdiction to consider an appeal taken from the judgment.” Green Tree Servicing, LLC v. Jones, 333 Ga. App. 184, 184 (1) (775 SE2d 714) (2015); see also McFarland v. Roberts, 335 Ga. App. 40, 47 (1), n. 4 (778 SE2d 349) (2015) (“An order simply confirming an arbitration award is not a final, appealable judgment . . . .”). Although the confirmation order and judgment may be entered on the same document, see Green Tree Servicing, LLC , 333 Ga. App. at 185 (1), the trial court here did not enter a final judgment, either in the order confirming the arbitration award or in a separate document. Because no final judgment has been entered, the defendants were required to follow the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the order confirming the arbitration award. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Their failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/31/2020 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 31, 2020

The Court of Appeals hereby passes the following order:

A20A1549. RODERICK LIPTROT et al. v. GRANGE LIFE INSURANCE COMPANY.

In this civil action, defendants Roderick Liptrot, Kimberly Liptrot, and Alexander & Kennedy Financial Group, LLC, filed this direct appeal from the trial court’s order granting the plaintiff’s motion to confirm an arbitration award. We lack jurisdiction. “[T]his Court has no jurisdiction to consider an appeal taken from a reviewing court’s order confirming an arbitration award; rather, upon entry of the court’s order confirming the award, a separate judgment must also be entered by the reviewing court, and this Court has jurisdiction to consider an appeal taken from the judgment.” Green Tree Servicing, LLC v. Jones, 333 Ga. App. 184, 184 (1) (775 SE2d 714) (2015); see also McFarland v. Roberts, 335 Ga. App. 40, 47 (1), n. 4 (778 SE2d 349) (2015) (“An order simply confirming an arbitration award is not a final, appealable judgment . . . .”). Although the confirmation order and judgment may be entered on the same document, see Green Tree Servicing, LLC , 333 Ga. App. at 185 (1), the trial court here did not enter a final judgment, either in the order confirming the arbitration award or in a separate document. Because no final judgment has been entered, the defendants were required to follow the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the order confirming the arbitration award. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Their failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/31/2020 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.

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