John Bergman v. Cach, LLC.

Court of Appeals of the State of Georgia ATLANTA,____________________ May 09, 2016 The Court of Appeals hereby passes the following order: A16A0570. BERGMANN v. CACH, LLC. John Bergmann filed a direct appeal from the trial court’s order granting a motion to strike his counterclaim. However, we lack jurisdiction because the order at issue is interlocutory in nature. See Pinyan v. Hamby, 176 Ga. App. 411, 411 ( 336 SE2d 331 ) (1985) (order granting motion to dismiss counterclaim was an interlocutory ruling). “A party seeking appellate review from an interlocutory order must follow the interlocutory application procedure set forth in OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court.” (Citation omitted.) Pace Constr. Corp. v. Northpark Assocs., 215 Ga. App. 438, 439 ( 450 SE2d 828 ) (1994). Bergmann’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this appeal, which is therefore DISMISSED. Court of Appeals of the State of Georgia 05/09/2016 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.