Opinion
A23A0618
12-07-2022
JERMAINE WALLACE et al. v. CITY OF ATLANTA.
The Court of Appeals hereby passes the following order:
After their son was killed while walking to school, Jermaine Wallace and Dorothy Wallace filed a wrongful death suit against the City of Atlanta ("the City") and several other defendants, including the Georgia Department of Transportation and Antoinette Monique Peters. The City filed a motion to dismiss on the basis of insufficient ante litem notice, and the trial court granted the City's motion. The Wallaces thereafter filed this direct appeal. We lack jurisdiction.
"In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment." Shoenthal v. Shoenthal, 333 Ga.App. 729, 730 (776 S.E.2d 663) (2015). Under such circumstances, there must be either an express determination that there is no just reason for delay under OCGA § 9-11-54 (b) or compliance with the interlocutory appeal procedures of OCGA § 5-6-34 (b). Id. "Where neither of these code sections [is] followed, the appeal is premature and must be dismissed." Id. (footnote omitted).
Here, the trial court did not direct the entry of judgment under OCGA § 9-11-54 (b) and it appears that the Wallaces' claims against the other defendants remain pending. Thus, the Wallaces were required to use the interlocutory appeal procedure - including obtaining a certificate of immediate review from the trial court - to appeal. See OCGA § 5-6-34 (b); Shoenthal, 333 Ga.App. at 730. Their failure to do so means we lack jurisdiction over this appeal, which is hereby DISMISSED.