Background
The trial court entered a default judgment against JJ Fish Pryor Road, Inc. and Yash Enterprises, Inc. in September 2024. In 2025, both defendants moved to set aside the judgment; JJ Fish also sought to open its default.
The trial court later entered a consent order setting aside the judgment against Yash Enterprises, but denied JJ Fish’s motion to set aside the judgment. It did not reach JJ Fish’s request to open default. The court granted JJ Fish a certificate of immediate review, but JJ Fish filed a discretionary-appeal application 19 days later rather than seeking interlocutory review within the required 10 days.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction, concluding that its earlier grant of discretionary review was improvident. Once the default judgment against Yash Enterprises was set aside, the remaining judgment against JJ Fish was not final because the case still involved unresolved claims or parties.
Although denials of motions to set aside judgments are ordinarily reviewed through discretionary applications, JJ Fish was challenging an interlocutory order in a still-pending case. It therefore had to comply with Georgia’s interlocutory-appeal procedure after receiving the certificate of immediate review. Filing a discretionary application did not satisfy that requirement.
Key Takeaways
- A judgment against one defendant may cease to be final when relief is granted to a codefendant and the case remains pending.
- An appeal from an interlocutory order requires compliance with the interlocutory-appeal deadline and procedure.
- Because the judgment is nonfinal, the trial court may still consider the merits of JJ Fish’s request to open default.
Why It Matters
The decision underscores that the proper appellate route depends on whether the case remains pending below, not merely on the type of post-judgment motion at issue. A party that obtains a certificate of immediate review must timely pursue interlocutory review or risk dismissal for lack of appellate jurisdiction.