Sam Levine v. Georgia Alloy, LLC

Summary

The Georgia Court of Appeals dismissed Sam Levine’s appeal from an order entering the court’s remittitur after an earlier unfavorable dispossessory ruling. The court held that OCGA § 5-6-10 required the trial court to carry out the appellate decision and that no appeal could be taken from the remittitur order because the controversy had ended.

Holdings

1. No appeal is permitted from a trial court order entering the Court of Appeals' remittitur because the appellate decision has conclusively adjudicated the parties' rights and the controversy is at an end.

Questions Presented

1. Whether an appeal may be taken from a trial court order entering the Court of Appeals' remittitur after the appellate court has affirmed the underlying judgment.

Disposition

dismissed