Eunice Clement v. National City Real Estate
Eunice Clement v. National City Real Estate
Opinion
Court of Appeals of the State of Georgia ATLANTA,__________________ September 05, 2013 The Court of Appeals hereby passes the following order: A13A2220. EUNICE CLEMENT v. NATIONAL CITY REAL ESTATE.
This case commenced as a dispossessory matter in state court. The plaintiff, National City Real Estate, filed a motion to draw down funds paid into the registry of the court, which the trial court granted on March 19, 2013. Defendant Eunice Clement filed a “Motion to Reject and Overturn Plaintiff’s Request to Draw Down Funds,” which the trial court denied. Clement filed a direct appeal from this ruling.
We lack jurisdiction.
The record shows that the dispossessory matter remains pending in the trial court.1 Because the trial court’s order was not final, Clement was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) in order to obtain appellate review at this juncture. See Pace Constr. Corp. v. Northpark Assoc.,215 Ga. App. 438, 439 (450 SE2d 828) (1994).
For this reason, we lack jurisdiction over this appeal, which is hereby DISMISSED.
The record contains no final ruling on the dispossessory matter, and the parties apparently agreed to a stay of eviction.
Court of Appeals of the State of Georgia 09/05/2013 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.