Cedric Herbert v. Jefferson County Board of Commissioners

Court of Appeals of the State of Georgia ATLANTA,____________________ May 12, 2026 The Court of Appeals hereby passes the following order: A26I0205. CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF COMMISSIONERS et al.

In this civil action, the trial court denied Cedric Herbert’s motion to appear remotely. Herbert filed a motion for a certificate of immediate review, which the trial court denied. Herbert then filed this application for interlocutory appeal, seeking to appeal both the denial of his request for a certificate of immediate review as well as the denial of his motion to appear remotely.1 Herbert has also filed an emergency motion seeking to stay proceedings below. We, however, lack jurisdiction.

To comply with the interlocutory appeal procedures of OCGA§ 5-6-34 (b), an applicant must first obtain a certificate of immediate review from the trial court within ten days of the order sought to be appealed. The trial court has unfettered discretion in determining whether to issue a certificate of immediate review, and an appellate court will thus not review a trial court’s decision. Duke v. State, 306 Ga. 171, 178–79(3)(a) (829 SE2d 348) (2019). Here, the trial court denied Herbert’s request for a certificate of immediate review; we thus lack jurisdiction to consider this application for interlocutory appeal. Id. at 186-87(4).

This Court dismissed Herbert’s previously filed application for discretionary appeal, seeking review of the trial court’s order denying his motion to recuse and subsequent request for a certificate of immediate review. Case No. A26D0441 (April 23, 2026). We also dismissed Herbert’s original mandamus petition, seeking to require the trial court judge in a pending civil action to refer to another judge a recusal motion.

Case No. A26O0003 (April 8, 2026).

Accordingly, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/12/2026 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.