Leroy Village Green Resi. Hth. Care v. Downs

Full title: LEROY VILLAGE GREEN RESIDENTIAL HEALTH CARE FACILITY, INC. v. TERRI L…

Court: Court of Appeals of Georgia, First Division

Date published: May 10, 2011

A11A0742 (Ga. Ct. App. May. 10, 2011)

Opinion

A11A0742

DECIDED: MAY 10, 2011

MIKELL, Judge.

On April 1, 2009, Appellant LeRoy Village Green Residential Health Care Facility, Inc. ("LeRoy Village") obtained a default judgment against appellees Terri L. Downs and Jimmie R. Downs, Jr. (the "Downs"), in New York. On April 8, 2010, the Superior Court of Liberty County, granted LeRoy Village's application to domesticate its foreign judgment. The Downs moved to set aside the judgment. On October 7, 2010, the court granted the Downs's motion, and LeRoy Village files this direct appeal from that Order.

"It is the duty of this court on its own motion to inquire into its jurisdiction."¹ In the absence of an order dismissing the case, the grant of a motion to set aside a judgment leaves the case still pending in the court below and thus is not a final judgment that is directly appealable under OCGA § 5-6-34 (a).² Because LeRoy Village failed to comply with the interlocutory appeal procedures in OCGA § 5-6-34 (b), its direct appeal from the grant of a motion to set aside is unauthorized and must be dismissed.³ Appeal dismissed. Smith, P. J., and Miller, P. J., concur.

1 (Citation omitted.) Cole v. Cole, 205 Ga. App. 332 (1) ( 422 SE2d 230) (1992).

2 Hooper v. Taylor, 230 Ga. App. 128 (1) ( 495 SE2d 594) (1998); Franklin v. Collins, 162 Ga. App. 755 ( 293 SE2d 364) (1982).

3 Hooper, supra.; Laff Lines, Ltd. v. Dimauro, 186 Ga. App. 24, 25 ( 366 SE2d 375) (1988).