Narrative Opinion Summary
The Court of Appeals of Georgia issued an order on October 17, 2016, regarding the case A17D0097, involving Thomas McGruder, administrator of Mattie McGruder's estate, against Reverse Mortgage Funding, LLC. McGruder sought a discretionary review of the trial court's decision to appoint a special master in an ongoing civil action. The court determined it lacked jurisdiction over the appeal because McGruder did not follow the required interlocutory appeal procedures, specifically failing to obtain a certificate of immediate review from the trial court within ten days of the order. Citing relevant statutes and case law, the court emphasized that without this certificate, the review could only occur after a final judgment was issued. Consequently, McGruder's application for review was dismissed, and his request for a restraining order was also denied. The order was certified by the court clerk, affirming its authenticity.
Legal Issues Addressed
Certification of Court Orderssubscribe to see similar legal issues
Application: The court order was certified by the court clerk, confirming its validity and authenticity.
Reasoning: The order was certified by the court clerk, affirming its authenticity.
Denial of Restraining Orderssubscribe to see similar legal issues
Application: The request for a restraining order was denied as part of the court's dismissal of the appeal due to procedural shortcomings.
Reasoning: Consequently, McGruder's application for review was dismissed, and his request for a restraining order was also denied.
Interlocutory Appeal Proceduressubscribe to see similar legal issues
Application: The failure to obtain a certificate of immediate review within the designated timeframe prevented the continuation of the appeal process until a final judgment was made.
Reasoning: Citing relevant statutes and case law, the court emphasized that without this certificate, the review could only occur after a final judgment was issued.
Jurisdiction Over Appealssubscribe to see similar legal issues
Application: The court determined it lacked jurisdiction over the appeal due to non-compliance with procedural requirements for interlocutory appeals.
Reasoning: The court determined it lacked jurisdiction over the appeal because McGruder did not follow the required interlocutory appeal procedures, specifically failing to obtain a certificate of immediate review from the trial court within ten days of the order.