Rta Strategy LLC v. Silver Comet Terminal Partners, LLC ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 21, 2017
    The Court of Appeals hereby passes the following order:
    A18I0044. CHIP LAKE et al. v. SILVER COMET TERMINAL PARTNERS,
    LLC et al.
    A18I0045. RTA STRATEGY LLC et al. SILVER COMET TERMINAL
    PARTNERS, LLC.
    In these applications for interlocutory appeal, the applicants seek review of the
    trial court’s September 21, 2017 discovery order. We dismissed the applications
    because the applicants did not include certificates of immediate review. The applicants
    have now filed a motion for reconsideration and have raised a persuasive argument that
    the trial court’s order is subject to direct appeal. Accordingly, we hereby GRANT
    their motions for reconsideration. Our previous order dismissing these applications is
    VACATED, and the applications are REINSTATED.
    Pursuant to Spivey v. Hembree, 
    268 Ga. App. 485
    , 486 n.1 (602 SE2d 246)
    (2004), we will grant an application for interlocutory review if the challenged order is
    subject to direct appeal. Accordingly, the applications are hereby GRANTED. The
    applicants shall have ten days from the date of this order to file a notice of appeal in
    the trial court, if they have not already done so. The clerk of the trial court is directed
    to include a copy of this order in the record transmitted to the Court of Appeals.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/21/2017
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A18I0045

Filed Date: 1/2/2018

Precedential Status: Precedential

Modified Date: 1/2/2018