Opinion
A25A0439
10-22-2024
DREWRY C. PAYNE v. RICHARD KURTZMAN.
The Court of Appeals hereby passes the following order:
In this action for equitable partitioning of property and related claims, the trial court entered an order on July 26, 2024, dismissing several of plaintiff Drewry Payne's claims and transferring Count V of Payne's third amended petition to the county of residence of defendant Richard Kurtzman. Payne then filed this direct appeal. We lack jurisdiction.
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from "[a]ll final judgments, that is to say, where the case is no longer pending in the court below." Here, the trial court's order dismissing certain claims and transferring another claim is a non-final order that did not resolve all issues in this case. Consequently, Payne was required to use the interlocutory appeal procedures - including obtaining a certificate of immediate review from the trial court - to appeal the July 26 order. See OCGA § 5-6-34 (b); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 S.E.2d 213) (1996); see also Mauer v. Parker Fibernet, 306 Ga.App. 160, 161 (701 S.E.2d 599) (2010) ("A trial court's ruling on the issue of removal or transfer of venue is not a directly appealable final judgment under OCGA § 5-6-34 (a) (1), and thus, it is subject to the procedures governing interlocutory appeals."); accord Patel v. Ga. Power Co., 234 Ga.App. 141, 142 (2) (505 S.E.2d 787) (1998). His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Mauer, 306 Ga.App. at 161.