Keel Funds Barfield, LLC v. Perferred Solutions, Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ February 19, 2021 The Court of Appeals hereby passes the following order: A21A0604. KEEL FUNDS BARFIELD, LLC v. PERFERRED SOLUTIONS, INC. Plaintiff Perferred Solutions, Inc. sued defendant Keel Funds Barfield, LLC. The trial court entered a default judgment in favor of the plaintiff, but reserved the issue of damages. The defendant filed a notice of appeal. We lack jurisdiction. The entry of default is not a final ruling if the issue of damages remains pending in the trial court. See Rapid Taxi Co. v. Broughton, 244 Ga. App. 427, 428 (1) ( 535 SE2d 780 ) (2000) (judgment is not final unless it disposes of the entire case); Holloway v. McMichael, 151 Ga. App. 802, 802 ( 261 SE2d 747 ) (1979) (case not final where issue of damages reserved). In order to appeal the order, the defendant was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Because the defendant failed to follow the requisite appellate procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED. See Holloway, 151 Ga. App. at 803 . Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/19/2021 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.