Opinion
A24I0161
04-15-2024
NICOLE HENDERSON v. FAITH MIDDLEBROOKS et al.
The Court of Appeals hereby passes the following order:
In this civil action, defendant Nicole Henderson has filed an application for interlocutory review of the superior court's order granting default judgment as to liability to the plaintiffs and denying her opening of default. However, because the order granted injunctive relief to the plaintiffs, it is subject to direct appeal under OCGA § 5-6-34 (a) (4). In addition, all rulings within that order and any other non-final rulings entered in the case may also be raised as part of such a direct appeal. See OCGA § 5-6-34 (d).
"This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal." Spivey v. Hembree, 268 Ga.App. 485, 486 n. 1 (602 S.E.2d 246) (2004). Accordingly, this application is hereby GRANTED.
Henderson shall have ten days from the date of this order to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g). If Henderson already has filed a notice of appeal in the trial court, then she need not file a second notice.
The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.