Background
Nicholas and Kristy Fortinberry sued Jason and Laura Pincus and Come Together Properties, LLC, seeking damages. The defendants did not file an answer or other responsive pleading.
The Fortinberrys moved for default judgment, seeking liquidated and unliquidated damages, attorney fees, and equitable relief. On August 29, 2025, the trial court entered default judgment and awarded more than $300,000 in liquidated damages, but reserved the remaining requested relief for a later hearing. The defendants filed a direct appeal.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction. The August 29 order was not final because it expressly left unresolved the requests for unliquidated damages, attorney fees, and equitable relief.
Because the order was interlocutory, the defendants needed to follow Georgia’s interlocutory-appeal procedure, including obtaining a certificate of immediate review from the trial court and permission to appeal. Their failure to do so deprived the appellate court of jurisdiction.
Key Takeaways
- A judgment that reserves issues for later resolution is not a final, directly appealable order.
- A default judgment awarding liquidated damages may still be interlocutory when other requested relief remains pending.
- A party seeking review of such an order must comply with Georgia’s interlocutory-appeal procedures.
Why It Matters
The decision underscores that parties must examine whether all claims and requested relief have been resolved before filing a direct appeal. A substantial damages award does not itself make an order final when the trial court has reserved additional issues.