Facts
Michael Brown filed a wrongful death action against numerous defendants including the Columbus Police Department, Columbus Regional Hospital, EMS Care Ambulance, LLC, and many individual medical providers. On December 1, 2022, the trial court granted a motion to dismiss filed by defendants EMS Care Ambulance, LLC; Marc Dade; and Issac Waters. Brown filed a notice of direct appeal on January 9, 2023 (39 days after the trial court entered its order dismissing some of the defendants).
The Court of Appeals dismissed Brown’s appeal for lack of jurisdiction.
Issue & Holding
The main issue in this case was whether Brown properly filed a notice of appeal. The Court held he did not.
Reasoning
Here, the trial court’s dismissal of EMS Care, Marc Dade, and Issac Waters was a dismissal of less than all parties and not a final judgment of the entire case. Brown still had a case against the other defendants. Under Georgia law, a decision adjudicating fewer than all the claims or parties is not a final judgment. In such a case, the appealing party must comply with the interlocutory appeal requirements of OCGA § 5-6-34(b). The failure to follow these rules warrants dismissal of the appeal for lack of jurisdiction.
The Court of Appeals further held that Brown’s appeal should have been dismissed as he failed to timely file the appeal. A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38. The Court of Appeals stated that “the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.” Brown filed his notice of appeal on January 9, 2023, 39 days after the December 1, 2022 Order. As a result, even if the December 1st Order was a final order, the appeal was untimely.
Conclusion
When pursuing a claim, lawsuit, or appeal, it is important to know the law and the rules of each court as failing to follow the law and rules can result in having your case dismissed. When fewer than all the parties are dismissed, you have to comply with the interlocutory appeal requirements.
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Citation: Michael Brown v. Columbus Police Dept et al., No. A23A1635 (Ga. Ct. App. July 17, 2023)
