Nanoventions Holdings, LLC v. Steven Daniels a/k/a Steven Daniel et al.

Summary

The Georgia Court of Appeals dismissed Nanoventions Holdings, LLC’s direct appeal for lack of jurisdiction because claims remained pending in the trial court and the trial court had not entered a proper final judgment under OCGA § 9-11-54 (b). The court also held that unresolved damages associated with a default judgment against one defendant independently rendered the appeal premature, requiring compliance with the interlocutory appeal procedure.

Holdings

1. A direct appeal is premature and must be dismissed when fewer than all claims or parties have been resolved and the appellant has neither obtained an express determination under OCGA § 9-11-54 (b) nor complied with the interlocutory-appeal requirements of OCGA § 5-6-34 (b).
2. A default judgment determining liability but reserving damages is not a final ruling when the issue of damages remains pending.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a direct appeal when claims against one defendant remained pending and no OCGA § 9-11-54 (b) direction for entry of judgment or interlocutory-appeal certification had been obtained.
2. Whether a default judgment limited to liability is a final judgment when damages remain pending.

Disposition

dismissed