Samuel Frank Cooper v. McCalla Raymer Liebert Pierce, LLC

• Court: Court of Appeals of Georgia
• Decided: April 14, 2025
• Docket: A25D0321
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 14, 2025

The Court of Appeals hereby passes the following order:

A25D0321. SAMUEL FRANK COOPER v. MCCALLA RAYMER LEIBERT PIERCE, LLC.

In this civil action, Samuel Frank Cooper has filed a discretionary application

from the trial court’s order denying his motion to recuse. We, however, lack

jurisdiction.

“Denials of motions to recuse are interlocutory in nature. An appeal of such an

order requires compliance with the interlocutory appeal provisions of OCGA § 5-6-34

(b),” including obtaining a certificate of immediate review within ten days of the order

sought to be appealed. See Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d 157)

(2002); see also Rolleston v. Glynn County Bd. of Tax Assessors, 213 Ga. App. 552, 553

(445 SE2d 345) (1994). OCGA § 5-6-35, the discretionary appeal statute, “does not

excuse a party seeking appellate review of an interlocutory order from complying with

the additional requirements of OCGA § 5-6-34 (b).” See Bailey v. Bailey, 266 Ga. 832,

833 (471 SE2d 213) (1996). Cooper’s failure to comply with the interlocutory appeal

procedures and obtain a certificate of immediate review deprives this Court of

jurisdiction over this application. Accordingly, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/14/2025 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.