Major Fortson v. Discover Bank

Court of Appeals of the State of Georgia ATLANTA,__________________ July 26, 2013 The Court of Appeals hereby passes the following order: A13A2184. MAJOR FORTSON v. DISCOVER BANK. Discover Bank filed suit against Major Fortson, who moved for summary judgment. The trial court denied the motion on April 4, 2013, and Fortson filed a notice of appeal.1 Because the case remains pending below, the trial court’s order was not final. Fortson was thus required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) in order to obtain appellate review at this juncture. See Pace Constr. Corp. v. Northpark Assoc., 215 Ga. App. 438, 439 ( 450 SE2d 828 ) (1994). Because Fortson failed to comply with the requisite interlocutory procedures, this premature appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 07/26/2013 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. [1] The notice of appeal is deficient as it does not specify the order to be appealed. See Zachery v. State, 233 Ga. App. 519, 521 ( 504 SE2d 466 ) (1998). Because the notice of appeal was timely only as to the trial court’s order denying summary judgment, we assume Fortson intended to appeal from this order.