Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A17D0476. DAVID SUNDY v. MARTHA C. CHRISTIAN, JUDGE et al.

David Sundy filed this discretionary application from two underlying civil

actions.

1 He seeks leave to appeal an order denying a motion to disqualify a judge in

Case Number 2015CV1366. He also seeks leave to appeal five orders from Case

Number 2017CV31A, including three orders dismissing all defendants.

2

Case Number 2015CV1366

“Denials of motions to recuse are interlocutory in nature. An appeal of such an

order requires compliance with the interlocutory appeal provisions of OCGA § 5- 6-34

(b),” including obtaining a certificate of immediate review within ten days of the order

sought to be appealed. See Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d

157) (2002); see also Warringer v. Warringer, 204 Ga. App. 86 (418 SE2d 446)

(1992). And OCGA § 5-6-35, the discretionary appealstatute, does not excuse a party

seeking appellate review of an interlocutory order from complying with the additional

requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832 (471 SE2d

213) (1996). Accordingly, Sundy’s failure to comply with the interlocutory appeal

1 Sundy filed his application in the Supreme Court, which transferred the matter

to this Court.

2 We question the propriety offiling a single application fromtwo separate lower

court cases. See, e. g., Stephenson v. Futch, 213 Ga. 247, 248 (2) (98 SE2d 374)

(1957) (“[T]here is no authority in law for the review of the two judgments in a single

bill of exceptions[.]”)

June 21, 2017
procedures and obtain a certificate of immediate review deprives this Court of

jurisdiction.

Case Number 2017CV31A

In this case, Sundy filed a mandamus action against two Hall County superior

court judges and the clerk of court. On April 3, 2017, the assigned judge entered three

separate orders granting the defendants’ motions to dismiss. Sundy wishes to appeal

these orders as well as two others entered in the case.

Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final

judgments, that is to say, where the case is no longer pending in the court below, except

as provided in Code Section 5-6-35.” It does not appear that any provision of OCGA

§ 5-6-35, the discretionary appeal statute, applies here. Rather, the trial court’s orders

dismissing Sundy’s petition constituted a final judgment. Under OCGA § 5-6-35 (j),

this Court will grant a timely discretionary application if the lower court’s order is

subject to direct appeal.

Forthese reasons, this application is hereby DISMISSED IN PART to the extent

Sundy seeks leave to appeal the trial court’s order from Case Number 2015CV1366.

The application is GRANTED IN PART to the extent Sundy seeks leave to appeal

Case Number 2017CV31A. Sundy shall have ten daysfromthe date ofthis order to file

a notice of appeal in Case Number 2017CV31A with the superior court, if he has not

done so already. The clerk ofthe superior court is DIRECTED to include a copy ofthis

order in the record transmitted to this court.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

06/21/2017