Opinion
A24A1778
07-10-2024
JAMES BROWN v. PROGRESSIVE INSURANCE.
The Court of Appeals hereby passes the following order:
In this action for breach of contract and related claims, pro se plaintiff James Brown filed this direct appeal from the trial court's order granting the defendant's motion to open default. We lack jurisdiction.
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from "[a]ll final judgments, that is to say, where the case is no longer pending in the court below." Here, the trial court's order granting the defendant's motion to open default is a non-final order that did not resolve all issues in this case. Consequently, Brown was required to use the interlocutory appeal procedures - including obtaining a certificate of immediate review from the trial court - to appeal the order opening default. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 S.E.2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 S.E.2d 103) (1991). His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Bailey, 266 Ga. at 833.