Michael Hrib v. Sophy Properties, LLC

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 07, 2024

The Court of Appeals hereby passes the following order: A24I0220. MICHAEL HRIB v. SOPHY PROPERTIES, LLC.

Michael Hrib filed the underlying petition against Sophy Properties, LLC, seeking declaratory, injunctive, and monetary relief, for claims arising out of a purported easement. Sophy Properties answered and counterclaimed. The parties filed cross-motions for summary judgment. In a single order, the trial court denied Hrib’s motion and partially granted Sophy Properties’s motion. Hrib seeks interlocutory review of the court’s order. Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. See City of Demorest v. Town of Mt. Airy, 282 Ga. 653, 654 n. 1 (653 SE2d 43) (2007); Whiddon v. Stargell, 192 Ga. App. 826, 827-828 (386 SE2d 884) (1989). “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 interlocutory application is hereby GRANTED. Hrib shall have ten days from the date of this order to file a notice of appeal in the trial court.

If he has already filed a notice of appeal from the order at issue here, he need not file a second notice. 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,____________________ 06/07/2024 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.