Cornelius Todd v. U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust

Summary

The Georgia Court of Appeals dismissed Cornelius Todd’s appeal from a superior court order in a dispossessory proceeding. The court held that the order was not a final judgment because the action remained pending, and Todd had failed to follow the interlocutory appeal procedures under OCGA § 5-6-34 (b).

Holdings

1. A direct appeal was unavailable because the Order Regarding Eviction did not resolve the action and the case remained pending in the superior court.
2. Because the order was interlocutory, Todd was required to comply with OCGA § 5-6-34 (b) to obtain appellate review.
3. Todd's failure to comply with the interlocutory appeal procedures deprived the Court of Appeals of jurisdiction.

Questions Presented

1. Whether the superior court's Order Regarding Eviction was a final judgment permitting a direct appeal.
2. Whether Todd was required to comply with Georgia's interlocutory appeal procedures before seeking appellate review.
3. Whether the failure to follow those procedures deprived the Court of Appeals of jurisdiction.

Disposition

dismissed