Tabitha Few v. Richard Blair

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 25, 2026

The Court of Appeals hereby passes the following order:

A27I0014. TABITHA FEW v. RICHARD BLAIR.

On December 15, 2025, we granted Tabitha Few’s application for interlocutory review of an order denying her motion to enforce a settlement agreement in this tort action. See Case No. A26I0087. Few timely filed a notice of appeal on December 23, 2025. See OCGA § 5-6-34(b) (providing that an applicant must file a notice of appeal within ten days of an order granting an interlocutory appeal “and the procedure thereafter shall be the same as in an appeal from a final judgment”). In July 2026, however, the trial court dismissed the appeal, finding that Few had unreasonably delayed the filing of a transcript. See OCGA § 5-6-48(c). The court certified that order for immediate review, and Few now seeks interlocutory review of the dismissal order.

“[A]fter an appellant files a notice of appeal following the grant of an application for interlocutory appeal, the case stands in the same procedural posture as a direct appeal from a final judgment.” Cohen v. Cohen, 300 Ga. App. 7, 8 n.5 (684 SE2d 94) (2009) (quotation marks omitted). “[A] trial court’s order dismissing a properly filed direct appeal is itself subject to a direct appeal.” Am. Med. Sec. Group v. Parker, 284 Ga. 102, 103(2) (663 SE2d 697) (2008). This Court will grant an otherwise timely application for an interlocutory appeal if the lower court’s order is subject to direct appeal. Spivey v. Hembree, 268 Ga. App. 485, 486 n.1 (602 SE2d 246) (2004). Accordingly, because the trial court’s dismissal of the appeal is directly appealable, and Few is entitled to a direct appeal of that order without the necessity of an application, this application is hereby GRANTED. Few shall have 10 days from the date of this order to file her notice of appeal in the trial court, if she has not already done so. OCGA § 5-6-34(b). The trial court clerk is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/25/2026

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.