James C. Barnes et al. v. Matthew Scott Harkins et al.

Summary

The Georgia Court of Appeals dismissed the appeal for lack of jurisdiction. It held that a motion seeking a stay to enforce compliance with OCGA § 8-2-38 was not an application for injunctive relief appealable directly under OCGA § 5-6-34(a)(4), and that the defendants had failed to follow the interlocutory appeal procedure.

Holdings

1. A motion that substantively seeks a stay of proceedings to enforce compliance with OCGA § 8-2-38 is not an application for injunctive relief within the meaning of OCGA § 5-6-34(a)(4); therefore, denial of the motion does not authorize a direct appeal under that provision.
2. Because the builders were required to follow the interlocutory-appeal procedure and failed to do so, the failure deprived the Court of Appeals of jurisdiction and required dismissal of the appeal.

Questions Presented

1. Whether the denial of the builders' motion seeking enforcement of OCGA § 8-2-38 constituted the denial of an application for an interlocutory injunction permitting a direct appeal under OCGA § 5-6-34(a)(4).
2. Whether the Court of Appeals had jurisdiction when the builders failed to comply with Georgia's interlocutory-appeal procedure.

Disposition

dismissed