Shellielle S. Youhoing-Nanan v. State

• Court: Court of Appeals of Georgia
• Decided: June 8, 2017
• Docket: A17I0236
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 01, 2017

The Court of Appeals hereby passes the following order:

A17I0236. SHELLIELLE S. YOUHOING-NANAN v. THE STATE.

Shellielle S. Youhoing-Nanan was charged with obstructing an officer. Youhoing-Nanan filed a motion to recuse the trial judge, which was denied on February 6, 2017. On March 6, 2017, Youhoing-Nanan filed this application for interlocutory appeal.1 The State has filed a motion to dismiss, arguing inter alia that Youhoing-Nanan failed to comply with the requisite appellate procedure. The trial court’s order denying Youhoing-Nanan’s motion to recuse is interlocutory. See Murphy v. Murphy, 322 Ga. App. 829, 831-832 (747 SE2d 21) (2013). An interlocutory order is not appealable without a certificate of immediate review. See OCGA § 5-6-34 (b); Atlanta Hanggliders & Ultralights, Inc. v. Rountree, 169 Ga. App. 647, 647 (314 SE2d 679) (1984). Here, Youhoing-Nanan failed to obtain a certificate of immediate review. We thus lack jurisdiction to consider her application for interlocutory appeal. See Murphy, supra. Accordingly, the State’s motion to dismiss is GRANTED, and this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/01/2017 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.

1 Youhoing-Nanan filed her application in the Supreme Court, which transferred the matter to this Court.