Georgia Court of Appeals, 2012

Chicago Title Insurance Company v. Dewrell Sacks, LLP

Chicago Title Insurance Company v. Dewrell Sacks, LLP
Georgia Court of Appeals · Decided September 12, 2012

Chicago Title Insurance Company v. Dewrell Sacks, LLP

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ September 12, 2012 The Court of Appeals hereby passes the following order: A13I0026. CHICAGO TITLE INSURANCE COMPANY v. DEWRELL SACKS, LLP, et al.

Chicago Title Insurance Company filed suit against Dewrell Sacks, LLP and Mara Sacks. The trial court granted Mara Sacks’s motion for summary judgment, and Chicago Title Insurance Company seeks interlocutory review of this ruling.

Under OCGA § 9-11-56 (h), the grant of partial summary judgment on any issue or as to any party is reviewable by direct appeal. See Olympic Dev. Group v. American Druggists’ Ins. Co., 175 Ga. App. 425 (1) (333 SE2d 622) (1985). Thus, the order at issue is not subject to the interlocutory appeal requirements. “This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 602 SE2d 246 (2004). Accordingly, this application is ordered GRANTED.

Chicago Title Insurance Company shall have ten days from the date of this order to file a notice of appeal in the trial court, if one has not already been filed. The trial court clerk is instructed to include a copy of this order in the appellate record.

Court of Appeals of the State of Georgia 09/12/2012 Clerk’s Office, Atlanta,__________________ 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.

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