Opinion
A24A0813
02-13-2024
AETIUS FRANCHISING, LLC v. REGENCY CENTERS, L.P.
The Court of Appeals hereby passes the following order:
After filing its notice of appeal, Aetius Franchising, LLC, filed a Petition for Chapter 11 Bankruptcy. All cases against Aetius Franchising, LLC, have been stayed pending the outcome of petition number 23-30471 filed in the Bankruptcy Court for the Western District of North Carolina on July 19, 2023. This Court is constitutionally required to dispose of every case at the term of court for which it is entered on the court's docket for hearing or at the next term of court. See Ga. Const. of 1983, Art. VI, Sec. IX, Par. II. Accordingly, this Court does not have the power to stay a case. We therefore REMAND this case to the trial court until the stay of proceeding is lifted. See Boardman v. Brenninkmeijer, 328 Ga.App. 882, 882-883 (763 S.E.2d 267) (2014). At that time, Aetius Francising, LLC, may re-institute the appeal by filing a new Notice of Appeal in the trial court within 30 days of the date of the entry of the order in the bankruptcy court lifting the stay.