Opinion
A24A0051
08-08-2023
BULLARD FAMILY FARMS, LLC v. CHARLES RUSSELL PARIS.
The Court of Appeals hereby passes the following order:
The plaintiff, Bullard Family Farms, LLC, filed a complaint against Charles Russell Paris, asserting claims for failure to provide lateral support, nuisance, and trespass relating to the building of chicken houses in 2005. Paris answered and counterclaimed for malicious interference with business relations, trespass, and abusive and frivolous litigation. Paris subsequently filed a motion to dismiss the complaint. The trial court granted Paris's motion and dismissed the complaint. The trial court, however, reserved ruling on Paris's counterclaims. The plaintiff then filed this direct appeal. We lack jurisdiction.
Under OCGA § 5-6-34 (a) (1), appeals may generally be taken from "[a]ll final judgments, that is to say, where the case is no longer pending in the court below[.]" When the case remains pending, the losing party is required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b), including obtaining a certificate of immediate review. Islamkhan v. Khan, 299 Ga. 548, 551 (2) (787 S.E.2d 731) (2016). Because the trial court's order reserved ruling on Paris's counterclaims, the order was not a final judgment, and the plaintiff was required to comply with the interlocutory appeal procedures to obtain appellate review at this juncture. See id. at 550 (1); Stump v. Young, 307 Ga.App. 583, 584 (705 S.E.2d 684) (2011).
The plaintiff's failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.