Tangella Jackson v. Valerie Landau

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 07, 2022

The Court of Appeals hereby passes the following order: A22A0843. TANGELLA JACKSON v. VALERIE LANDAU.

Plaintiff Tangella Jackson filed this direct appeal from the trial court’s order granting the defendant Valerie Landau’s motion to enforce a settlement agreement and awarding attorney fees to Landau under OCGA § 9-15-14. Landau filed a motion to dismiss the appeal, arguing that Jackson was required to follow our discretionary appeal procedures to appeal the order at issue. We lack jurisdiction. Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” An order granting a motion to enforce a settlement agreement “is not final until the trial court expressly enters final judgment on that order.” Thomas v. Sheppard, 349 Ga. App. 871, 871 (827 SE2d 60) (2019) (punctuation omitted). Thus, “notwithstanding the trial court’s grant of a motion to enforce a settlement, a case is not at an end until such time as the agreement has been made the judgment of the court, thereby terminating the litigation.” Torres v. Elkin, 317 Ga. App. 135, 139 (1) (730 SE2d 518) (2012) (punctuation omitted); accord Underwood v. Underwood, 282 Ga. 643, 644 (1) (651 SE2d 736) (2007). Here, the record contains no indication that the trial court has entered a final judgment and made the settlement agreement the judgment of the court. Consequently, because no final judgment has been entered, Jackson was required to follow the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – to appeal the order granting Landau’s motion to enforce the settlement agreement. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Her failure to do so deprives us of jurisdiction

over this appeal, which is hereby DISMISSED. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Landau’s motion to dismiss is hereby DENIED as MOOT.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2022 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.