Georgia Court of Appeals, 2013

James R. Thomas, Jr. v. Kia Auto Sport of Columbus, Inc.

James R. Thomas, Jr. v. Kia Auto Sport of Columbus, Inc.
Georgia Court of Appeals · Decided May 23, 2013

James R. Thomas, Jr. v. Kia Auto Sport of Columbus, Inc.

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ May 23, 2013 The Court of Appeals hereby passes the following order: A13A1661. JAMES R. THOMAS, JR., et al v. KIA AUTO SPORT OF COLUMBUS, INC., et al.

In their pending civil action, James R. Thomas and Sabrina R. Thomas filed a motion to recuse Judge Smith and, subsequently, a motion for reassignment. On December 5, 2012, the court entered an order assigning the case to Judge Jordan. The Thomases then filed this notice of appeal.1 We, however, lack jurisdiction.

No final order has been entered in the case, so the December 5 order is interlocutory. “A party seeking appellate review from an interlocutory order must follow the interlocutory application procedure . . . , which includes obtaining a certificate of immediate review from the trial court.” Pace Constr. Corp. v. Northpark Assocs., 215 Ga. App. 438, 439 (450 SE2d 828) (1994); see also OCGA § 5-6-34 (b).

The Thomases’ failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia 05/23/2013 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.

The Thomases directed their appeal to the Supreme Court, which transferred the matter here after it concluded that it had no basis for jurisdiction.

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