Opinion
A25A0452
11-07-2024
BRIANA DOWNS et al v. PROGRESSIVE MOUNTAIN INSURANCE COMPANY.
The Court of Appeals hereby passes the following order:
In this personal injury action arising out of an automobile accident, plaintiffs filed a complaint for damages and obtained a default judgment. Progressive Mountain Insurance Company filed a motion to set aside the default judgment, which the trial court granted. Plaintiffs filed a notice of appeal from the trial court's order. 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. Because the judgment is not final, a direct appeal under OCGA § 5-6-34 (a) is not authorized[.]" Laff Lines, Ltd. v. Dimauro, 186 Ga.App. 24, 25 (366 S.E.2d 375) (1988) (emphasis in original). See also Hooper v. Taylor, 230 Ga.App. 128 (1) (495 S.E.2d 594) (1998). Rather, plaintiffs were required to comply with the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b). See Laff Lines, 186 Ga.App. at 25. Plaintiffs' failure to do so deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.