Roylee Smith v. John T. Wilcher, Sheriff ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    July 17, 2018
    The Court of Appeals hereby passes the following order:
    A18A1795. ROYLEE SMITH v. JOHN T. WILCHER, SHERIFF.
    In this civil action, the plaintiff Roylee Smith filed a motion for default
    judgment. The trial court denied the motion, and Smith filed this appeal. However,
    because this action remains pending below, Smith was required to use the
    interlocutory appeal procedures – including obtaining a certificate of immediate
    review from the trial court – to appeal the trial court’s order. See OCGA § 5-6-34 (b);
    Boyd v. State, 
    191 Ga. App. 435
    , 435 (383 SE2d 906) (1989). Smith’s failure to do
    so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    07/17/2018
    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: A18A1795

Filed Date: 7/19/2018

Precedential Status: Precedential

Modified Date: 7/19/2018