SAMUEL MARTINEZ v. STEVE ASTRIN

• Court: Court of Appeals of Georgia
• Decided: January 7, 2026
• Docket: A26A0911
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 07, 2026

The Court of Appeals hereby passes the following order:

A26A0911. SAMUEL MARTINEZ v. STEVE ASTRIN et al.

The trial court entered an order granting defendants Steve Astrin and Steve Astrin Properties, LLC’s motion to set aside a default judgment. Plaintiff Samuel Martinez then filed this direct appeal. We, however, lack jurisdiction. “The grant of a motion to set aside a default judgment ... leaves the case pending in the trial court below and is not a final judgment.” Laff Lines, Ltd. v. Dimauro, 186 Ga. App. 24, 25 (366 SE2d 375) (1988) (emphasis in original); see also Guy v. Roberson, 214 Ga. App. 391, 392 (1) (448 SE2d 60) (1994). Thus, Martinez was required to follow the interlocutory appeal procedure outlined in OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court and applying to this Court for permission to appeal the non-final order. See Guy, 214 Ga. App. at 392 (1). Accordingly, Martinez’s failure to follow the interlocutory appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/07/2026 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.