Allen Temple Development, Inc. v. Sixth Episcopal District of the African Methodist Episcopal Church, Inc. ( 2019 )


Menu:
  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 12, 2019
    The Court of Appeals hereby passes the following order:
    A20A0135. ALLEN TEMPLE DEVELOPMENT, INC. et al. v. SIXTH
    EPISCOPAL DISTRICT OF THE AFRICAN METHODIST
    EPISCOPAL CHURCH, INC. et al.
    In this declaratory judgment action involving funds from the sale of real
    property, plaintiffs Sixth Episcopal District of the African Methodist Church, Inc. et
    al. filed a motion to deposit funds into the court registry. On March 13, 2019, the
    trial court granted the motion to deposit the funds and ordered defendants Allen
    Temple Development, Inc. et al. to deposit $722,285.31 into the registry of the court.1
    The defendants then filed the instant appeal on March 22, 2019. We, however, lack
    jurisdiction.
    “Generally, an order is final and appealable when it leaves no issues remaining
    to be resolved, constitutes the court’s final ruling on the merits of the action, and
    leaves the parties with no further recourse in the trial court.” Thomas v. Douglas
    County, 
    217 Ga. App. 520
    , 522 (1) (457 SE2d 835) (1995); see also OCGA § 5-6-34
    (a) (1). Here, the order sought to be appealed did not resolve all issues in this case,
    which remains pending before the trial court. See CitiFinancial Svcs., Inc. v.
    Holland, 
    310 Ga. App. 480
    , 481 (713 SE2d 678) (2011). The defendants therefore
    were required to use the interlocutory appeal procedures – including obtaining a
    1
    The trial court had previously granted the plaintiffs a temporary restraining
    order regarding the funds on February 15, 2019.
    certificate of immediate review from the trial court – to appeal the trial court’s order.2
    See OCGA § 5-6-34 (b); Miller v. Miller, 
    282 Ga. 164
    , 164-165 (646 SE2d 469)
    (2007); CitiFinancial Svcs., Inc., 310 Ga. App. at 481. Their failure to do so deprives
    us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Bailey
    v. Bailey, 
    266 Ga. 832
    , 833 (471 SE2d 213) (1996). Oral argument set for December,
    2019 is no longer necessary and shall be removed from the Court’s calendar.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    09/12/2019
    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.
    2
    The record indicates that the defendants requested a certificate of immediate
    review within ten days of the order granting the motion to deposit funds into the court
    registry, but the trial court never issued such certificate.
    

Document Info

Docket Number: A20A0135

Filed Date: 9/23/2019

Precedential Status: Precedential

Modified Date: 9/23/2019