White Dove Church of God, Inc. v. Kronos Capital Fund, LLC ( 2021 )


Menu:
  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    January 25, 2021
    The Court of Appeals hereby passes the following order:
    A21A0408. WHITE DOVE CHURCH OF GOD, INC. v. KRONOS CAPITAL
    FUND, LLC.
    White Dove Church of God, Inc. filed this direct appeal from an order granting
    Kronos Capital Fund, LLC’s motion to dismiss White Dove’s complaint. But
    Kronos’s counterclaim against White Dove and its third-party claims against Ikomoni
    Alexander remain pending, so the order of dismissal is not a final judgment, the
    appeal is premature, and we lack jurisdiction.
    Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final
    judgments, that is to say, where the case is no longer pending in the court below.” But
    when a case involves “multiple parties or multiple claims, a decision adjudicating
    fewer than all the claims or the rights and liabilities of fewer than all the parties is not
    a final judgment.” Shoenthal v. Shoenthal, 
    333 Ga. App. 729
    , 730 (776 SE2d 663)
    (2015) (citation omitted). For a party to obtain appellate review under such
    circumstances, there must be either an express determination by the trial court that
    there is no just reason for delay under OCGA § 9-11-54 (b) or compliance with the
    interlocutory appeal requirements of OCGA § 5-6-34 (b). Shoenthal, 333 Ga. App.
    at 730. Where neither code section is followed, the appeal is premature and must be
    dismissed. Id. at 729-730.
    Here, the trial court did not rule on Kronos’s counterclaim or third-party
    claims, and it did not direct the entry of judgment under OCGA § 9-11-54 (b).
    Consequently, this action remains pending in the trial court, and White Dove was
    required to follow the interlocutory appeal procedures — including obtaining a
    certificate of immediate review from the trial court — to appeal the order dismissing
    its complaint. See OCGA § 5-6-34 (b). White Dove’s failure to do so deprives us of
    jurisdiction over this premature direct appeal, which is hereby DISMISSED. See
    Bailey v. Bailey, 
    266 Ga. 832
    , 833 (471 SE2d 213) (1996).
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    01/25/2021
    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: A21A0408

Filed Date: 1/25/2021

Precedential Status: Precedential

Modified Date: 1/25/2021