Wendy Smoot-Lee v. Corizon Health, Inc.

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 18, 2022

The Court of Appeals hereby passes the following order: A22I0143. WENDY SMOOT-LEE v. CORIZON HEALTH, INC.

Wendy Smoot-Lee filed a personal injury action against Corizon Health, Inc. and Shena Danielle Burton. Corizon Health moved for summary judgment. The court granted the motion, leaving the case pending as to Burton. Smoot-Lee then filed this application for interlocutory appeal. Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. Olympic Dev. Group v. American Druggists’ Ins. Co., 175 Ga. App. 425, 425 (1) (333 SE2d 622) (1985). Thus, the order that Smoot-Lee seeks to appeal is directly appealable and not subject to the interlocutory appeal requirements. “This Court will grant a timely application for interlocutory review if the order complained of is subject to direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey v. Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). Accordingly, this application for interlocutory review is hereby GRANTED. Smoot-Lee shall have ten days from the date of this order to file a notice of appeal in the trial court if she has not already done so. See OCGA § 5-6-34 (b). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2022 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.