William J. Armstrong v. Edward D. Jones & Co., L.P.

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 19, 2013

The Court of Appeals hereby passes the following order:

A13A1493. WILLIAM J. ARMSTRONG v. EDWARD D. JONES & CO., L. P. et al.

The trial court entered an order denying defendant William J. Armstrong’s motions to compel and for attorney fees and dismissing his counterclaims. Armstrong filed a motion for reconsideration, which the trial court denied. Armstrong then appealed directly to this Court. We, however, lack jurisdiction. Neither order that Armstrong wishes to appeal was a final, directly appealable judgment. “In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment.” (Punctuation omitted.) Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989); see also Yates v. CACV of Colorado, 295 Ga. App. 69 (670 SE2d 884) (2008). The order denying Armstrong’s motions to compel and for attorney fees and dismissing his counterclaims was not a final judgment because it did not resolve all issues in the case. Accordingly, to appeal that order, Armstrong was required to comply with the interlocutory appeal procedure of OCGA § 5-6-34 (b). See Johnson, supra. The denial of Armstrong’s motion for reconsideration was likewise a non-final order that could be appealed only through compliance with the interlocutory appeal procedure. See Mayor & Alderman of City of Savannah v. Norman J. Bass Constr. Co., 264 Ga. 16, 17 (1) (441 SE2d 63) (1994). Because Armstrong failed to comply with the interlocutory appeal procedure, this premature direct appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 04/19/2013 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.