Opinion
A25A0155
08-28-2024
JAMES BROWN v. PROGRESSIVE INSURANCE.
The Court of Appeals hereby passes the following order:
In this action for breach of contract and related claims, pro se plaintiff James Brown filed this direct appeal from the trial court's order denying his motion to vacate and set aside the court's order opening default, and subsequent denial of his request for a certificate of immediate review. Brown previously filed a direct appeal from the trial court's order opening default, which we dismissed for failure to comply with the interlocutory appeal procedures. See Case No. A24A1778 (decided July 10, 2024). For the same reasons, we lack jurisdiction over this appeal.
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from "[a]ll final judgments, that is to say, where the case is no longer pending in the court below." Here, the underlying matter remains pending, and Brown was thus required to obtain a certificate of immediate review from the trial court to appeal the order denying his motion to vacate and set aside the court's order. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 S.E.2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 S.E.2d 103) (1991). Brown sought a certificate of immediate review, but the trial court denied his request. And the denial of a request for a certificate of immediate review is not an appealable ruling. Price v. State, 237 Ga. 352, 352-353 (2) (227 S.E.2d 368) (1976).
Pretermitting whether Brown was required to file an application for discretionary appeal, his failure to obtain a certificate of immediate review deprives this Court of jurisdiction over his appeal, which is hereby DISMISSED. See Bailey, 266 Ga. at 833.