Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A21D0393. CLINT LARKIN v. MADISON COUNTY SCHOOL DISTRICT.

In 2016, plaintiff All Steel Construction, Inc. sued defendants Clint Larkin and

the Madison County School District for breach of contract. In its answer, the School

District asserted a cross-claim for indemnification against Larkin. In exchange for a

payment of $97,470, All Steel subsequently executed a release of its claims against

the School District and assigned to the School District its claims against Larkin. All

Steel thereafter filed a pleading purporting to voluntarily dismiss the School District

from the action. 

Larkin did not answer the complaint, and, in 2017, the trial court entered a

default judgment against him. The 2017 order entering a default judgment addressed

Larkin’sliability only and did not award damages or otherwise enter a final judgment

against him. See generally Cryomedics, Inc. v. Smith, 180 Ga. App. 336, 337-338

(349 SE2d 223) (1986) (a default judgment as to liability only is not a final

judgment). Consequently, in 2019, the School District sought and obtained a hearing

on damages. Following the hearing, the trial court entered an order on June 21, 2019,

finding that the parties had agreed that: (i) Larkin wasliable for $110,000 in damages

to the School District; (ii) he would pay that amount in two installments no later than

October 1, 2019; and (iii) “[u]pon that payment, the School District will notify the

Court[,] and this matter, including the School District’s Cross Claim against

Mr. Larkin, will be dismissed.” 

July 14, 2021
In January 2021, Larkin filed a motion to set aside the June 2019 order and

enjoin the School District from attempting to execute and collect payments pursuant

to that order. Three days later, the School District filed a civil case disposition form

purporting to show that the case had been disposed of by a bench trial on June 21,

2019. In May 2021, the trial court denied Larkin’s January 2021 motion, and he

timely filed the instant application for discretionary appeal.

Based on the application materials, it appears that this case remains pending

before the trial court. According to the plain terms of the court’s June 2019 order, the

case was to remain pending until Larkin satisfied his payment obligations, at which

point the claims against him were to be dismissed. And the trial court’s subsequent

denial of Larkin’s January 2021 motion did nothing to change the status of the case,

notwithstanding the court’s assertions that its prior June 2019 order was “final”

and/or somehow “relates back to” its 2017 order granting a default judgment as to

liability only.

Generally, to appeal an interlocutory order, a party must comply with the

interlocutory appealrequirements, which include obtaining a certificate of immediate

review from the trial court. See OCGA § 5-6-34 (b). Here, however, in its May 2021

order denying Larkin’s motion to set aside, the trial court also denied Larkin’s motion

for interlocutory injunctive relief. And an order denying a motion for an interlocutory

injunction is directly appealable under OCGA § 5-6-34 (a) (4). See Jones v. Peach

Trader, 302 Ga. 504, 511 (III) (807 SE2d 840) (2017).

Under OCGA § 5-6-35 (j), this Court will grant a timely application for

discretionary review if the lower court’s order is subject to direct appeal. See City of

Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this

application is hereby GRANTED. Larkin shall have ten days from the date of this

order to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g). If Larkin

already has filed a notice of appeal in the trial court, then he need not file a second
notice. The clerk of the trial court is DIRECTED to include a copy of this order in the

record transmitted to the Court of Appeals.

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.

07/14/2021