Forsyth Second Baptist Church, Inc. v. Rock Springs Congregational Methodist Church, Inc. ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 20, 2017
    The Court of Appeals hereby passes the following order:
    A18A0367. FORSYTH SECOND BAPTIST CHURCH, INC. et al. v. ROCK
    SPRINGS CONGREGATIONAL METHODIST CHURCH, INC. et al.
    The plaintiffs Forsyth Second Baptist Church, Inc. et al. filed a civil action
    against the defendants Rock Springs Congregational Methodist Church, Inc. et al. The
    defendants counterclaimed for quantum meruit, unjust enrichment, and attorney fees
    pursuant to OCGA §§ 13-6-11 and 9-15-14. The defendants also moved to dismiss the
    plaintiffs’ complaint for lack of standing. The trial court granted the motion and
    entered an order dismissing the plaintiffs’ claims. The plaintiffs filed a motion for new
    trial, which the trial court denied. The plaintiffs then filed this direct appeal. We,
    however, 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.” Johnson v. Hosp. Corp. of America, 
    192 Ga. App. 628
    , 629 (385
    SE2d 731) (1989) (punctuation and citation omitted). Although the trial court
    dismissed the plaintiffs’ claims and styled its order as “final,” the defendants’
    counterclaims have not been adjudicated and apparently remain pending. Therefore,
    the challenged order is not a final order, and it is appealable only through the
    interlocutory appeal procedures set forth in OCGA § 5-6-34 (b). See id.; Chatham
    County Hosp. Auth. v. Mack, 
    185 Ga. App. 13
    , 14 (363 SE2d 264) (1987). Because the
    plaintiffs did not comply with those procedures, this appeal is hereby DISMISSED.
    In light of this disposition, the defendants’ motion to dismiss the appeal for other
    reasons is hereby DENIED as moot.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/20/2017
    I certi fy that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my si gnature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A18A0367

Filed Date: 1/2/2018

Precedential Status: Precedential

Modified Date: 1/2/2018