Opinion
A22D0376
05-24-2022
AMORWANDA CAMPBELL v. LESTER CAMPBELL.
The Court of Appeals hereby passes the following order:
On February 22, 2022, the trial court entered a final judgment and decree of divorce dissolving the marriage of Amorwanda Campbell ("Wife") and Lester Campbell. On March 8, 2022, Wife filed a "Motion for Reconsideration/New Trial, Stay Judgment, and to Disqualify and/or Recuse." On May 3, 2022, Wife filed this application for discretionary appeal from the trial court's February 22 order. However, there is no indication in the application materials that the trial court has ruled on the Wife's motion for new trial. Because Wife's motion remains pending below, the February 22 order is not final, and Wife was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) and obtain a certificate of immediate review from the trial judge in order to appeal the February 22 order. See Hann v. State, 292 Ga.App. 719, 720 (1) (665 S.E.2d 731) (2008); Drake v. Clutter, 194 Ga.App. 644, 645 (391 S.E.2d 473) (1990). Moreover, OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832, 833 (471 S.E.2d 213) (1996).
Wife's failure to comply with the interlocutory appeal procedures set forth above deprives this Court of jurisdiction over this application. Accordingly, this application is hereby DISMISSED.