Thomas v. Sheppard. ( 2019 )

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
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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.
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