Background
The trial court granted Mercy Flomo a default judgment against counterclaim-defendant Katrina Sarah Addy, denied Addy’s motion to open the default, and stated that it would hold a hearing on damages.
Addy filed a direct appeal before the damages amount was determined.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction. An order is generally directly appealable only when it is final, meaning no issues remain pending in the trial court.
Because the trial court had reserved damages for a later hearing, its order was interlocutory rather than final. Addy therefore needed to use Georgia’s interlocutory-appeal procedure, including obtaining a certificate of immediate review. Her failure to do so deprived the appellate court of jurisdiction.
Key Takeaways
- A judgment that leaves damages to be calculated is interlocutory, not final.
- A direct appeal cannot ordinarily proceed from a nonfinal order.
- Immediate review of an interlocutory order requires compliance with OCGA § 5-6-34(b).
Why It Matters
Litigants challenging default-related rulings must confirm whether damages have been fixed before filing a direct appeal. When damages remain pending, Georgia’s interlocutory-review requirements govern.