Opinion
A24A0350
11-08-2023
PROFESSIONAL PARTS GROUP, LLC v. IC INDUSTRIAL REIT
The Court of Appeals hereby passes the following order:
IC Industrial REIT filed this dispossessory action against Professional Parts Group, LLC in state court, and Professional Parts Group filed an answer and counterclaim, seeking compensatory damages. The state court granted IC Industrial REIT a writ of possession and ordered that a hearing would be set to determine damages. Professional Parts Group filed a notice of appeal from the state court's ruling. We, however, lack jurisdiction.
As a general rule, a right of direct appeal lies from a final judgment; that is, where the case is no longer pending below. See OCGA § 5-6-34 (a) (1). Because the issue of damages has not been resolved, Professional Parts Group was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) - including obtaining a certificate of immediate review- in order to obtain appellate review at this juncture. See Underwood v. Dunn, 215 Ga.App. 252, 252-253 (451 S.E.2d 129) (1994); Commercial Credit Corp. v. Hawkins, 156 Ga.App. 135, 136 (1) (274 S.E.2d 132) (1980). Professional Parts Group's failure to comply with the appropriate appellate procedure deprives this Court of jurisdiction over this appeal. Accordingly, this appeal is hereby DISMISSED.