Background
Kenkam, LLC filed a direct appeal from two trial court orders in its civil action against CLS Entertainment Incorporated. One order enforced a settlement agreement, directed cooperation with closing, and applied closing credits. The other denied Sandra Campbell’s motion to open default and granted CLS Entertainment’s motion for default judgment on liability.
The settlement-enforcement order retained jurisdiction for the trial court to resolve disputes involving calculations, credits, closing documents, and compliance. The default-judgment order decided liability but reserved damages and other relief for future orders.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction because neither challenged order constituted a final judgment under OCGA § 5-6-34(a)(1)(B). The settlement-enforcement order left substantive matters pending and had not been reduced to a final judgment terminating the litigation.
The liability-only default judgment also was interlocutory because it reserved the determination of damages and remaining relief. Kenkam therefore was required to use the interlocutory-appeal procedure under OCGA § 5-6-34(b), including obtaining a certificate of immediate review from the trial court. Its failure to do so deprived the appellate court of jurisdiction.
Key Takeaways
- An order enforcing a settlement is not directly appealable as a final judgment when the trial court retains jurisdiction over substantive implementation disputes and has not entered judgment terminating the case.
- A default judgment resolving liability but reserving damages and other relief is interlocutory.
- A party seeking immediate review of such orders must follow Georgia’s interlocutory-appeal procedures, including obtaining a certificate of immediate review.
Why It Matters
The order underscores that the substance and remaining proceedings—not merely an order’s title or its resolution of significant issues—determine finality for appellate jurisdiction. Parties must confirm that nothing substantive remains pending before filing a direct appeal.
When damages, settlement implementation, or other relief remains unresolved, failing to secure interlocutory review can result in dismissal without consideration of the merits.