Samuel Alton Brewton, III v. James Thomas McKinley

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 01, 2016

The Court of Appeals hereby passes the following order:

A16I0141. SAMUEL ALTON BREWTON, III v. JAMES THOMAS MCKINLEY.

On January 14, 2106, the trial court denied defendant Samuel A. Brewton, III’s motion for summary judgment. The trial court signed a certificate of immediate review on January 14, 2015, and Brewton filed this application for interlocutory appeal on February 13, 2016. We lack jurisdiction.

Under OCGA § 5-6-34 (b), an application for interlocutory appeal must be filed within 10 days of obtaining a timely certificate of immediate review. Here, Brewton filed this interlocutory application 30 days after entry of the certificate. The application is thus untimely and is hereby DISMISSED. See Scruggs v. Georgia Dept. of Human Resources, 261 Ga. 587, 589 (1) (408 SE2d 103) (1991) (“a party seeking appellate review from an interlocutory order must follow the interlocutoryapplication subsection, § OCGA § 5-6-34 (b), seek a certificate of immediate review from the trial court, and comply with the time limitations therein.”).

Court of Appeals of the State of Georgia 03/01/2016

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.