Opinion
A24I0219
06-11-2024
JERIDA FACILITIES MANAGEMENT, LLC et al. v. POST OAK GROUP, LLC.
The Court of Appeals hereby passes the following order:
In this action for declaratory and injunctive relief, equitable accounting, and breach of contract or unjust enrichment, Jerida Facilities Management, LLC, and Jeffrey A. Keebler ("Defendants") filed a motion for summary judgment. The trial court entered an order on May 2, 2024, denying Defendants' motion for summary judgment and reopening discovery; on May 10, 2024, the court certified its order for immediate review. On May 21, 2024, Defendants filed this application seeking to appeal the court's order. We, however, lack jurisdiction.
It is the duty of this Court to inquire into its jurisdiction. Radio Sandy Springs, Inc. v. Allen Rd. Joint Venture, 311 Ga.App. 334, 334-335 (715 S.E.2d 752) (2011). Under OCGA § 5-6-34 (b), a party may request interlocutory review if the trial court certifies within ten days of entry of the order at issue that immediate review should be had. The application to this Court then must be made "within ten days after such certificate is granted." Id. The requirements of OCGA § 5-6-34 (b) are jurisdictional, and if a party seeking interlocutory review does not comply with these requirements, the party must wait until final judgment to appeal. See Islamkhan v. Khan, 299 Ga. 548, 551 (2) (787 S.E.2d 731) (2016).
Here, because Defendants filed this application 11 days after the trial court entered its certificate of immediate review, it is untimely. See Graves v. Dean, 166 Ga.App. 186 (303 S.E.2d 751) (1983). Accordingly, this application is hereby DISMISSED.