Donna Andrews, as the Administrator of the Estate of Johnny L. Fleak v. Blue Ridge Nh Associates, LLC

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 14, 2019

The Court of Appeals hereby passes the following order:

A19A1916. DONNA ANDREWS, AS THE ADMINISTRATOR OF THE ESTATE OF JOHNNY L. FLEAK v. BLUE RIDGE NH ASSOCIATES, LLC et al.

Donna Andrews, as the Administrator of the Estate of Johnny Lee Fleak, filed a wrongful death suit in DeKalb County. The trial court entered an order transferring venue to Whitfield County. Andrews filed a direct appeal from that order. We, however, lack jurisdiction. It is well-settled that a court order transferring a case from one trial court to another is not a final judgment as the case remains pending below, albeit in a different court. See In the Interest of W. L., 335 Ga. App. 561 (782 SE2d 464) (2016); Griffith v. Georgia Bd. of Dentistry, 175 Ga. App. 533 (333 SE2d 647) (1985). Therefore, to appeal the transfer order, Andrews was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b), which include obtaining a certificate of immediate review from the trial court and filing an appropriate application to this Court. Griffith, supra; Mauer v. Parker Fibernet, LLC, 306 Ga. App. 160, 161 (701

SE2d 599) (2010). Because Andrews failed to do so, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/14/2019 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.