Opinion
A24I0109
01-24-2024
ATLANTA IMPOUND, INC. v. YARON ATTIA.
The Court of Appeals hereby passes the following order:
Atlanta Impound, Inc. filed this timely application for interlocutory review of the trial court's order granting Yaron Attia's motion for class certification. Pursuant to OCGA § 9-11-23 (g), "[a] court's order certifying a class or refusing to certify a class shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action." Thus, the order at issue here may be appealed directly.
This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicant has not otherwise filed a notice of appeal. Spivey v. Hembree, 268 Ga.App. 485, 486, n. 1 (602 S.E.2d 246) (2004). Accordingly, Atlanta Impound's application is hereby GRANTED. Atlanta Impound shall have 10 days from the date of this order to file a notice of appeal with the trial court. OCGA § 5-6-34 (b). If Atlanta Impound already has filed a notice of appeal in the trial court, then it need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the appellate record.