Facts
In the case of Bright-Meyers Dublin Associates, LP v. Marie Gillis, Marie Gillis filed a personal injury lawsuit against several entities, including Bright-Meyers Dublin Associates, LP. Bright-Meyers filed a Motion for Summary Judgment. The trial court denied the motion on March 29, 2023.
On April 7, 2023, the trial court entered a certificate of immediate review, allowing the Defendant to appeal the denial of its Motion for Summary Judgment to the Georgia Court of Appeals. Bright-Meyers filed its application for interlocutory appeal with the Court of Appeals on April 18, 2023. The Court of Appeals dismissed the appeal due to lack of jurisdiction because Bright-Meyers failed to file its application timely with the Court of Appeals.
Issues & Holdings
The issue in this case was whether Bright-Meyers' application for interlocutory appeal was timely when filed 11 days after receipt of the certificate of review from the trial court.
The court ruled it was not timely. Georgia law provides that a party (plaintiff or defendant) must follow interlocutory appeal procedures as set forth in O.C.G.A. § 5-6-34(b). The rule is that the application for interlocutory appeal must be filed within 10 days.
Reasoning
Georgia law O.C.G.A. § 5-6-34 provides the procedure for how to properly appeal a judgment and ruling from the trial court. There are two types of appeals: direct appeal and interlocutory appeal. Here, the case involved an interlocutory appeal as the Court denied Defendant’s Motion for Summary Judgment, which is not immediately appealable. The effect of the denial meant that no final judgment had been rendered and the case was permitted to proceed to trial.
For the Court of Appeals to hear an interlocutory appeal, certain procedures must first be followed. The procedures are as follows: The party must obtain a certificate of immediate review within 10 days of the order from the trial court. Once the trial court enters the certificate of immediate review, the party then must file an application for interlocutory appeal with the Court of Appeals within 10 days of the certificate.
Here, the trial court entered a ruling denying Defendant’s motion for summary judgment on March 29th. The trial court entered a certificate of immediate review on April 7, 2023 (within the 10-day period). However, the Defendant failed to file his application for interlocutory appeal with the Court of Appeals within 10 days and, instead, filed it on Day 11. The failure to follow these procedural rules resulted in the Court of Appeals dismissing Defendant’s interlocutory appeal.
Conclusion
This case emphasizes the importance of complying with deadlines, especially those relating to appeals. The failure to meet a filing deadline may result in the appellate court lacking jurisdiction to hear the appeal. Attorneys should always refer to the law to know the deadlines so they can preserve their client’s claims and defenses.
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Citation: Bright-Meyers Dublin Associates, LP v. Marie Gillis, No. A23I0203 (Ga. Ct. App. May 11, 2023)
