Opinion
A24A0267
10-10-2023
JUDIA ELLIOT v. VINEBROOK HOMES, SUCCESSOR TO CONREX PROPERTY MANAGEMENT, LLC et al.
The Court of Appeals hereby passes the following order:
The magistrate court issued a dispossessory judgment in favor of the plaintiffs and against Judia Elliot. Elliot appealed to superior court. The superior court also entered judgment in favor of the plaintiffs, and ordered an evidentiary hearing to address monetary relief. Elliot then filed this direct appeal from that order. We, however, lack jurisdiction.
Ordinarily, appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). However, because the superior court reserved ruling on the issue of monetary relief, the order is not final. See Woodruff v. Choate, 334 Ga.App. 574, 576 (1) (a) (780 S.E.2d 25) (2015). Because there is no final judgment and the case remains pending below, Elliott was required to use the interlocutory appeal procedures - including obtaining a certificate of immediate review from the superior court - in order to obtain appellate review of the superior court's order. See OCGA § 5-6-34 (a) (1), (b); Mauer v. Parker Fibernet, LLC, 306 Ga.App. 160, 161 (701 S.E.2d 599) (2010).
Elliot's failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.