Thomas v. Sheppard. , 349 Ga. App. 871 ( 2019 )


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  •                               FIRST DIVISION
    BARNES, P. J.,
    MERCIER and BROWN, JJ.
    NOTICE: Motions for reconsideration must be
    physically received in our clerk’s office within ten
    days of the date of decision to be deemed timely filed.
    http://www.gaappeals.us/rules
    April 9, 2019
    In the Court of Appeals of Georgia
    A19A0184. THOMAS v. SHEPPARD.
    BROWN, Judge.
    Plaintiff Timmy Thomas appeals the trial court’s order granting defendant
    Vernika Sheppard’s motion to enforce a settlement agreement in this personal injury
    action arising from a motor vehicle accident. Thomas argues that the trial court erred
    in finding an enforceable settlement agreement because Sheppard attempted to alter
    the material terms of the settlement offer and failed to tender the proceeds as
    proposed. For the reasons discussed below, we dismiss this appeal for lack of
    jurisdiction.
    Thomas filed this action against Sheppard on December 19, 2016, in Fulton
    County State Court, seeking compensatory and punitive damages. Sheppard moved
    to enforce the parties’ settlement agreement, and the trial court granted the motion on
    June 19, 2018.
    “It is well established that this Court has a solemn duty to inquire into our
    jurisdiction to review the errors enumerated on appeal, and it is a duty we [should]
    not take lightly.” (Citation and footnotes omitted.) Torres v. Elkin, 
    317 Ga. App. 135
    ,
    138 (1) (730 SE2d 518) (2012). OCGA § 5-6-34 (a) (1) provides that direct appeal
    may be had from all final judgments of the trial court, and specifies that a final
    judgment exists only “[when] the case is no longer pending in the court below. . . .”
    In Torres, supra, this Court explained that “[i]n the case of an order granting a motion
    to enforce a settlement agreement, the order is not final until the trial court expressly
    enters final judgment on that order.” (Citations and footnote omitted.) Id. at 138-139
    (1), citing Underwood v. Underwood, 
    282 Ga. 643
    , 644 (1) (651 SE2d 736) (2007)
    (“notwithstanding the trial court’s grant of a motion to enforce a settlement, a case is
    not at an end until such time as the agreement has been made the judgment of the
    court, thereby terminating the litigation”) (citation and punctuation omitted).
    Here, the trial court did not enter final judgment simultaneously with its order
    granting Sheppard’s motion to enforce the settlement agreement, and there is nothing
    in the record indicating that the trial court entered a final judgment after ruling on the
    2
    motion to enforce the settlement agreement. Because the trial court’s order enforcing
    the settlement agreement is not a final judgment within the meaning of OCGA § 5-6-
    34 (a), this appeal must be dismissed.
    Appeal dismissed. Barnes, P. J., and Mercier, J., concur.
    3
    

Document Info

Docket Number: A19A0184

Citation Numbers: 827 S.E.2d 60, 349 Ga. App. 871

Judges: Brown

Filed Date: 4/9/2019

Precedential Status: Precedential

Modified Date: 10/19/2024