Court of Appeals of the State of Georgia ATLANTA,__________________ December 21, 2012 The Court of Appeals hereby passes the following order: A13A0720. TRACY FLUKER v. POLK MEDICAL CENTER et al.

Tracy Fluker sued Polk Medical Center, Nurse Sheila Bowman, Nurse Dondar Hill, and three police officers for injuries she allegedly sustained during a traffic stop and subsequent visit to the hospital. The trial court dismissed the action against Polk Medical Center and the nurses. Polk Medical Center and the nurses subsequently filed a motion for OCGA § 9-15-14 (b) attorney fees, which the trial court granted. Fluker has filed a direct appeal from the order awarding OCGA § 9-15-14 (b) attorney fees.

We lack jurisdiction.

Generally, appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal.

See OCGA § 5-6-35 (a) (10). Here, however, some claims remain pending in the trial court. Because no final judgment has been entered, Fluker was required to follow the interlocutory appeal procedure. See OCGA § 5-6-34 (b); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587 (408 SE2d 103) (1991).

Fluker’s failure to follow the interlocutory appeal procedure deprives this Court of jurisdiction to consider this appeal. The appeal is therefore DISMISSED.

Court of Appeals of the State of Georgia 12/21/2012 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.