Joseph Flippin v. American Express National Bank

Court of Appeals of the State of Georgia ATLANTA,____________________ November 07, 2025 The Court of Appeals hereby passes the following order: A26A0714. JOSEPH FLIPPIN v. AMERICAN EXPRESS NATIONAL BANK. American Express National Bank filed a complaint on account and contract action against Joseph Flippin in state court. Flippin filed a pro se motion to dismiss, which the trial court denied. Flippin then filed a pro se notice of appeal. We, however, lack jurisdiction. As a general rule, a right of direct appeal lies from only a final judgment — that is, where the case is no longer pending below. See OCGA § 5-6-34 (a) (1). Here, the trial court denied Flippin’s motion to dismiss the complaint, and thus, the case remains pending in state court. Consequently, the order Flippin seeks to appeal is not a final judgment and he was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal. See OCGA § 5-6-34 (b); Pace Constr. Corp. v. Northpark Assoc., 215 Ga. App. 438, 439 ( 450 SE2d 828 ) (1994) (the denial of a motion to dismiss is an interlocutory order). Flippin’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/07/2025 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.