Jeffrey Unrue v. State

Court of Appeals of the State of Georgia

ATLANTA,_________________ May 11, 2012

The Court of Appeals hereby passes the following order: A12A1745. JEFFREY UNRUE v. THE STATE.

After Jeffrey Unrue was acquitted of two counts of aggravated assault, he filed a motion to expunge an order of nolle prosequi from an indictment. He subsequently filed a motion to recuse, which the trial court denied. Unrue then filed this direct appeal. As a general rule, an order denying a motion to recuse is interlocutory in nature. See Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d 157) (2002). Given that Unrue’s motion to expunge remains pending below, it appears this appeal is interlocutory.1 “An appeal of such an order requires compliance with the interlocutory appeal provisions of OCGA § 5-6-34 (b).” Id. Unrue’s failure to comply with the necessary appellate procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED. See Rolleston v. Glynn County Bd. of Tax Assessors, 213 Ga. App. 552, 553 (445 SE2d 345) (1994).

1 Although the trial court orally denied Unrue’s motion to expunge, “‘[a]n oral order is not final nor appealable until and unless it is reduced to writing, signed by the judge, and filed with the clerk.’” Cameron v. Miles, 304 Ga. App. 161 (695 SE2d 691) (2010).

Court of Appeals of the State of Georgia 05/11/2012 Clerk’s Office, Atlanta,_________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.