Porsche Brown v. Endless Solutions, Inc. ( 2022 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    July 12, 2022
    The Court of Appeals hereby passes the following order:
    A22A1401. PORSCHE BROWN v. ENDLESS SOLUTIONS, INC.
    Endless Solutions, Inc., filed this action against Porsche Brown in superior
    court, seeking both damages and a writ of possession. The superior court ruled that
    Endless Solutions was entitled to recover on all counts of its complaint and set a
    hearing in order to determine the extent of damages. The superior court issued a writ
    of possession in favor of Endless Solutions on February 14, 2022, and Brown filed
    this direct appeal on February 28, 2022.1
    We lack jurisdiction because the superior court has not resolved the extent of
    damages, and, therefore, the case remains pending below and Brown was required to
    comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) — including
    obtaining a certificate of immediate review. See Underwood v. Dunn, 
    215 Ga. App. 252
    , 252-253 (451 SE2d 129) (1994); Commercial Credit Corp. v. Hawkins, 
    156 Ga. App. 135
    , 136 (1) (274 SE2d 132) (1980). Even if this dispossessory case was final,
    Brown would have been required to file her notice of appeal within seven days of the
    entry of the order at issue, but she filed her appeal fourteen days after entry of the writ
    of possession. See OCGA § 44-7-56; Ray M. Wright, Inc. v. Jones, 
    239 Ga. App. 521
    ,
    522-523 (521 SE2d 456) (1999).
    1
    Brown directed her appeal to the Supreme Court of Georgia, which
    transferred it here.
    Accordingly, this appeal is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    07/12/2022
    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: A22A1401

Filed Date: 7/12/2022

Precedential Status: Precedential

Modified Date: 7/12/2022