Background
Catherine Corkren, proceeding pro se, sued David Maynard and others alleging violations of Georgia’s Open Meeting Act.
The trial court granted Corkren’s summary-judgment motion in part and denied it in part. Corkren sought to appeal only the denial of summary judgment on three issues.
The Court’s Holding
The Court of Appeals dismissed the appeal. Although an order granting summary judgment is directly appealable, an order denying summary judgment may be reviewed only through Georgia’s interlocutory-appeal procedure.
Corkren did not obtain a certificate of immediate review from the trial court as required for an interlocutory appeal. She therefore was not entitled to a direct appeal from the partial denial of her motion.
Key Takeaways
- A denial of summary judgment generally is not directly appealable.
- Review of such a denial requires compliance with Georgia’s interlocutory-appeal procedure.
- Without a certificate of immediate review, the appellate court must dismiss the attempted appeal.
Why It Matters
The order underscores the procedural distinction between grants and denials of summary judgment. A party challenging only a denial must secure interlocutory review rather than file a direct appeal.