Opinion
A23E0041
03-28-2023
SOLOMON A. JONES v. GEORGIA DEPARTMENT OF LABOR et al.
The Court of Appeals hereby passes the following order:
The plaintiff in the underlying suit, Solomon A. Jones, proceeding pro se, has filed an emergency motion pursuant to Court of Appeals Rule 40 (b), challenging the State Court of Fulton County's order transferring his case to the Superior Court of Fulton County.
The state court filed the transfer order on March 2, 2023, and then entered an amended order on March 10, 2023, waiving any costs related to the transfer.
In his instant motion, Jones explains that "[t]his Emergency Motion was filed as a result of the trial court not issuing a Certificate of Immediate Review" following the entry of the transfer order. However, the denial of a certificate of immediate review is not subject to direct appeal. See Price v. State, 237 Ga. 352, 352 (2) (227 S.E.2d 368) (1976) ("The denial of a certificate for interlocutory appeal is not reviewable, because the trial judge's interlocutory ruling can be reviewed upon the appeal of a final judgment."). Thus, this Court does not have jurisdiction over an appeal from same. Id.
Under Court of Appeals Rule 40 (b), we may issue emergency orders to "preserve jurisdiction of an appeal or to prevent the contested issue from becoming moot." Our power to issue emergency orders "shall be exercised sparingly." Court of Appeals Rule 40 (b). We have reviewed the limited materials submitted in connection with this motion, and find that Jones has failed to establish that the exercise of our emergency powers is merited. We thus decline to exercise our limited powers under Rule 40 (b) in this case. The emergency motion is hereby DENIED.