Jasmine Renee Andrews v. Regions Bank ( 2023 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    November 27, 2023
    The Court of Appeals hereby passes the following order:
    A24D0133. JASMINE RENEE ANDREWS v. REGIONS BANK et al.
    In 2020, Jasmine Andrews executed a promissory note with Regions Bank
    (“Regions”). In 2022, Andrews sued Regions, along with John Turner, David Turner
    and Chakira Galloway (the “individual defendants”). Regions answered and
    counterclaimed for amounts due on the promissory note.
    On August 30, 2023, the trial court entered an order which: (1) granted the
    defendants’ motion to dismiss, finding that it lacked jurisdiction over the individual
    defendants, and that Andrews had failed to state a viable claim against Regions; (2)
    granted Regions’ motion for summary judgment and awarded it $27,446.05; and (3)
    denied all other pending motions as moot.
    On September 29, 2023, Andrews filed an “Application for Certificate of
    Probable Cause” in the Supreme Court, which docketed it as an application for
    discretionary appeal. The Supreme Court transferred the case to this Court. See Case
    No. S24D0196 (Oct. 18, 2023).
    Nothing remains pending in the court below and the order dismissing the
    defendants and granting Regions summary judgment is a final judgment. See OCGA
    § 5-6-34 (a) (1); OCGA § 9-11-56 (h). As such, the order is subject to direct appeal.
    See, e. g., Whiddon v. Stargell, 
    192 Ga. App. 826
    , 827-828 (
    386 SE2d 884
    ) (1989).
    Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary
    review if the lower court’s order is subject to direct appeal.
    Accordingly, this application is hereby GRANTED. Andrews shall have ten
    days from the date of this order to file a notice of appeal in the trial court. See OCGA
    § 5-6-35 (g). The clerk of the trial court is DIRECTED to include a copy of this order
    in the record transmitted to the Court of Appeals.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    11/27/2023
    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: A24D0133

Filed Date: 11/27/2023

Precedential Status: Precedential

Modified Date: 11/27/2023