Opinion
A23I0203
05-11-2023
BRIGHT-MEYERS DUBLIN ASSOCIATES, LP v. MARIE GILLIS.
The Court of Appeals hereby passes the following order:
Marie Gillis filed a personal injury action against several entities, including Bright-Meyers Dublin Associates, LP ("Bright-Meyers"). Bright-Meyers filed a motion for summary judgment, which the trial court denied on March 29, 2023. On April 7, 2023, the trial court entered a certificate of immediate review. Bright-Meyers filed this application for interlocutory appeal on April 18, 2023. We lack jurisdiction.
On the same day, in a separate order, the trial court denied a motion for summary judgment filed by defendant American Multi-Cinema, Inc. That ruling is also being appealed. See Case No. A23I0197.
To obtain appellate review of an interlocutory order, a party must follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review within ten days of the order and filing an application within ten days of the certificate. See Genter v. State, 218 Ga.App. 311, 311 (460 S.E.2d 879) (1995). The statutory requirements for interlocutory review are jurisdictional. State v. Wheeler, 310 Ga. 72, 76 (3) (849 S.E.2d 401) (2020).
Here, Bright-Meyers filed its application 11 days after the trial court entered the certificate of immediate review. Accordingly, we lack jurisdiction to consider this application for interlocutory appeal, which is hereby DISMISSED.