Southeast Centerline, Inc. v. Patty Howze

Summary

The Georgia Court of Appeals granted Southeast Centerline, Inc.’s applications for interlocutory review in three related cases arising from a fatal vehicular accident. Because the trial court had granted partial summary judgment to Patty Howze, the court held that the order was directly appealable and directed Southeast to file a notice of appeal within ten days if it had not already done so.

Holdings

1. A trial court's grant of summary judgment on any issue or as to any party is reviewable by direct appeal under OCGA § 9-11-56 (h).
2. All rulings within the order granting partial summary judgment, as well as other non-final rulings entered in the case, may be raised as part of the direct appeal.
3. Because the trial court granted partial summary judgment, the order was directly appealable and Southeast was not required to file interlocutory applications for review.

Questions Presented

1. Whether an order granting partial summary judgment on any issue or as to any party is directly appealable under OCGA § 9-11-56 (h).
2. Whether rulings denying an evidentiary motion and a motion for summary judgment may be reviewed in a direct appeal from the same order under OCGA § 5-6-34 (d).
3. Whether Southeast was required to file interlocutory applications rather than proceed by direct appeal.

Disposition

writ_granted