Opinion
A23A1075
03-21-2023
MATTHEW CHARLES CARDINALE v. CITY OF ATLANTA.
The Court of Appeals hereby passes the following order:
Matthew Charles Cardinale filed a complaint for declaratory judgment against the City of Atlanta. After the City failed to answer, Cardinale moved for default judgment. After a hearing, the trial court entered a default judgment against the City. The City filed a motion to set aside the default judgment, which the trial court granted. Cardinale then filed this direct appeal. We, however, lack jurisdiction
"The grant of a motion to set aside a default judgment . . . leaves the case pending in the trial court below and is not a final judgment." Laff Lines, Ltd. v. Dimauro, 186 Ga.App. 24, 25 (366 S.E.2d 375) (1988) (emphasis in original). Because the order that Cardinale wishes to appeal is not a final judgment, he was required to comply with the interlocutory appeal procedure set forth in OCGA § 5-634 (b). See id. Cardinale's failure to comply with the interlocutory appeal procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.