Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15E0025. TMX FINANCE HOLDINGS, INC. et al. v. DRUMMOND

FINANCIAL SERVICES, LLC et al.

TMX Finance Holdings, Inc., and the other defendants below (collectively,

“TMX”), have moved pursuant to our Rule 40 (b) for (i) an emergency stay of all

proceedings in the trial court pending appeal, or, in the alternative, (ii) a stay of the

trial court’s February 26, 2015, order disqualifying TMX’s trial counsel (the

“Disqualification Order”) and the trial court’s March 30, 2015 order requiring that

TMX identify substitute counsel by April 3, 2015. This Court may, under our Rule

40 (b), issue such orders as may be necessary to preserve jurisdiction of an appeal or

to prevent the contested issue from becoming moot. 

On March 30, 2015, this Court granted TMX’s application for an interlocutory

appeal from the Disqualification Order, and TMX filed a notice of appeal in the trial

court on March 31, 2015. TMX represents that the trial court entered its March 30,

2015 order following a hearing in which neither the trial court, nor the parties, were

aware that this Court had granted the interlocutory application. TMX also represents

that it has filed an emergency motion in the trial court seeking a stay of the

underlying litigation pending its appeal, but that the trial court has not yet ruled on

that motion.

As it has complied with the interlocutory appeal procedure, TMX’s notice of

appealserves assupersedeas of the Disqualification Order. See OCGA §§ 5-6-34 (b),

5-6-46. See Lassiter Props. v. Davidson Mineral Props., 230 Ga. App. 216, 217 (495

SE2d 663) (1998) (“[A] notice of appeal from [a disqualification order] does not act

as a supersedeas unless the interlocutory appeal procedure has been followed.”)

April 03, 2015
(emphasis supplied). The trial court’s March 30, 2015, order requires that TMX

identify its substitute counsel, whereupon several pending motions would be set for 

hearing. As such, the order enforces the Disqualification Order and is also

superseded byTMX’s notice of appeal. See Cherry v. Coast House, 257 Ga. 403, 404

(2) (359 SE2d 904) (1987) (“Because of the effect of the supersedeas the trial court

loses all jurisdiction as to matters contained within the appeal.”) (citation omitted).

And by TMX’s representation, the March 30, 2015 order has not been stayed by the

trial court. TMX’s motion to stay the Disqualification Order and the March 30, 2015

order pending appeal is GRANTED.

TMX does not show, however, that we should grant, under authority of our

Rule 40 (b), its motion to stay the proceedings below pending the appeal. To that

extent, TMX’s motion is DENIED. Per TMX’s representation, the issue of a stay of

proceedings remains pending before the trial court, and TMX does not show that a

grant of its motion to stay the underlying litigation is necessary to preserve our

jurisdiction over its appeal or to prevent the contested issue from becoming moot.

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.

04/03/2015