Hilda Hutchinson et al. v. Anneewakee Trails Homeowners Association, Inc.

Summary

The Georgia Court of Appeals dismissed two discretionary applications arising from the denial of defendants' motion to vacate an order allowing service by publication. The court held that because the case remained pending below, the defendants were required to comply with the interlocutory appeal requirements, including obtaining a certificate of immediate review under OCGA § 5-6-34 (b).

Holdings

1. Because the underlying case remained pending, the defendants were required to comply with the interlocutory-appeal requirements, including obtaining and providing a certificate of immediate review from the trial court. Their failure to do so deprived the Court of Appeals of jurisdiction.
2. The discretionary-appeal statute does not excuse a party seeking review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Questions Presented

1. Whether the Court of Appeals had jurisdiction to review the interlocutory order denying the defendants' motion to vacate the order allowing service by publication when the defendants had not obtained and provided a certificate of immediate review.
2. Whether the discretionary-appeal statute excused compliance with the interlocutory-appeal requirements of OCGA § 5-6-34 (b).

Disposition

dismissed