Opinion
A23D0382
08-01-2023
BONNIE PORTER et al. v. CLARENCE BUTLER.
The Court of Appeals hereby passes the following order:
Bonnie Porter filed a civil lawsuit against Clarence Butler. On December 28, 2022, the superior court entered an order granting summary judgment to Butler, specifically reserving the issue of attorney fees. On the same date, the court also entered an order denying Porter's motion to set aside a magistrate court dispossessory judgment. On January 27, 2023, Porter filed a motion for new trial in connection with those rulings. The motion for new trial is still pending. On May 12, 2023, Porter filed this application for discretionary appeal, seeking to challenge various judgments, including the "upcoming" judgment denying her motion to set aside summary judgment and judgment for attorney fees, and other orders denying her previous motions. We however, lack jurisdiction.
Porter filed her pro se documents in the Supreme Court of Georgia, which transferred the case as an application for discretionary appeal to this Court upon finding it did not have jurisdiction. See Case No. S23D0935 (May 31, 2023).
"Generally, an order is final and appealable when it leaves no issues remaining to be resolved, constitutes the court's final ruling on the merits of the action, and leaves the parties with no further recourse in the trial court." Thomas v. Douglas County, 217 Ga.App. 520, 522 (1) (457 S.E.2d 835) (1995). Here, the superior court expressly reserved its ruling on Butler's request for attorney fees pursuant to OCGA § 9-15-14; it has not entered a written ruling on that request. Accordingly, the order is not final. See Woodruff v. Choate, 334 Ga.App. 574, 576 (1) (a) (780 S.E.2d 25) (2015). In addition, the court has not ruled on Porter's motion for new trial.
Because there is no final judgment and the case remains pending below, Porter was required to use the interlocutory appeal procedures - including obtaining a certificate of immediate review from the trial court - in order to obtain appellate review of the trial court's order. See OCGA § 5-6-34 (a) (1), (b); Mauer v. Parker Fibernet, LLC, 306 Ga.App. 160, 161 (701 S.E.2d 599) (2010). Accordingly, Porter's failure to comply with the interlocutory appeals procedure deprives this Court of jurisdiction to consider this application, which is hereby DISMISSED.