Opinion
A24A0712 A24A0713
10-21-2024
LONGE, LLC v. AUTO-OWNERS INSURANCE GROUP et al. AUTO-OWNERS INSURANCE GROUP et al. v. LONGE, LLC.
The Court of Appeals hereby passes the following order:
In Case Number A24A0712, Longe, LLC appeals from the trial court's order granting a directed verdict in favor of Auto-Owners Insurance Group and AutoOwners Insurance Company (collectively, "Auto-Owners") on Longe's claim for insurance benefits. In Case Number A24A0713, Auto-Owners cross appeals from the trial court's orders denying their motion for summary judgment and motion to dismiss. We lack jurisdiction to consider these appeals.
The verdict of a jury, "whether the verdict resulted from direction, as here, or was by deliberation," is not an appealable judgment. (Citation and punctuation omitted.) Boatright v. Sunshine Toyota, 177 Ga.App. 332, 332 (339 S.E.2d 275) (1985). Here, the trial court granted Auto-Owners' motion for a directed verdict, but there is no entry of judgment in the record. See OCGA § 9-11-58. Compare Steele v. Cincinnati Ins. Co., 252 Ga. 58, 59 (311 S.E.2d 470) (1984) (reversing dismissal of appeal from order granting motion for directed verdict where final judgment had been entered in the case). "In the absence of an appealable judgment, this court has no jurisdiction and the [main] appeal must be dismissed." (Citation and punctuation omitted.) Boatright, 177 Ga.App. at 332.
"Although under OCGA § 5-6-48 (e), a cross-appeal may survive the dismissal of the main appeal, this is true only where the cross-appeal can stand on its own merit. This Court has no jurisdiction to entertain a cross-appeal which must derive its life from the main appeal."(Citations and punctuation omitted.) Dept. of Transp. v. Douglas Asphalt Co., 297 Ga.App. 511, 513 (677 S.E.2d 728) (2009). An order denying summary judgment is subject to the certification requirement in OCGA § 5-6-34 (b), and the trial court denied Auto-Owners' motion for a certificate of immediate review of the summary judgment order. See id.; OCGA § 9-11-56 (h). There is also no independent jurisdictional basis for Auto-Owners' cross-appeal from the order denying their motion to dismiss, and Auto-Owners filed no application for interlocutory appellate review of that order. Consequently, because we lack jurisdiction over Longe's appeal, we also lack jurisdiction over Auto-Owners' cross-appeal, and the cross-appeal must be dismissed. See Perry v. Paul Hastings, LLP, 362 Ga.App. 140 (866 S.E.2d 855) (2021); Douglas Asphalt Co., 297 Ga.App. at 514.