Opinion
A23D0084
10-26-2022
DREWRY E. HASKINS, III v. PHYLLIS C. HASKINS.
The Court of Appeals hereby passes the following order:
After a trial, a jury reached a verdict in a divorce case between Drewry E. Haskins, III (the "Husband") and Phyllis C. Haskins (the "Wife"). Before the trial court entered a judgment on the verdict, the Wife moved for a new trial. The trial court granted the Wife's motion, and the Husband filed this application for discretionary review. We lack jurisdiction.
The grant of a motion for new trial is an interlocutory ruling. See Rockdale Awning &Iron Co. v. Kerbow, 210 Ga.App. 119, 121 (2) (435 S.E.2d 619) (1993). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Although the Husband filed a discretionary application, "[t]he discretionary appeal statute does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b)." Bailey v. Bailey, 266 Ga. 832, 833 (471 S.E.2d 213) (1996). The Husband's failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application, which is hereby DISMISSED.