Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A21D0351. BOBBY JOHNSON et al. v. 1900 CAPITAL TRUST III, BY U. S.

BANK TRUST NATIONAL ASSOCIATION.

After plaintiffs Bobby and Amanda Johnson filed a petition to quiet title

against defendant 1900 Capital Trust III, by U. S. Bank Trust National Association

(“1900 Capital”), 1900 Capital answered and asserted two counterclaims against the

Johnsons. In an order entered on May 10, 2021, the trial court granted 1900 Capital’s

motion to dismiss the Johnsons’ petition and its requests for a bill of peace and

OCGA § 9-15-14 (a) attorney fees. The Johnsonsthen filed this pro se application for

discretionary review, seeking to appeal the May 10 order. We lack jurisdiction.

Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final

judgments, that is to say, where the case is no longer pending in the court below.” In

a case involving multiple parties or multiple claims, a decision adjudicating fewer

than all the claims or the rights and liabilities of fewer than all the parties is not a

final judgment. Johnson v. Hosp. Corp. of America, 192 Ga. App. 628, 629 (385

SE2d 731) (1989). For a party to obtain appellate review under such circumstances,

there must be either an express determination by the trial court that there is no just

reason for delay under OCGA § 9-11-54 (b) or compliance with the interlocutory

appeal requirements of OCGA § 5-6-34 (b). See id. Where neither code section is

followed, the appeal is premature and must be dismissed. Id.

Here, the materials that the Johnsons have submitted with their application

contain no indication that the trial court has adjudicated 1900Capital’s counterclaims

or directed the entry of judgment under OCGA § 9-11-54 (b). Consequently, it

appears that this action remains pending in the trial court, as a result of which the

June 14, 2021
Johnsons were required to use the interlocutory appeal procedures – including

obtaining a certificate of immediate review from the trial court – to seek appellate

review of the May 10 order. See OCGA § 5-6-34 (b); Boyd v. State, 191 Ga. App.

435, 435 (383 SE2d 906) (1989). Regardless of whether an application for

discretionary review would be required to appeal the May 10 order if it were final, the

Johnsons’ failure to comply with the interlocutory appeal procedures deprives us of

jurisdiction over this application, which is hereby DISMISSED. See Bailey v. Bailey,

266 Ga. 832, 833 (471 SE2d 213) (1996); see also generally Scruggs v. Ga. Dept. of

Human Resources, 261 Ga. 587, 588 (1) (408 SE2d 103) (1991) (the discretionary

application statute does not relieve an appellant seeking review of an interlocutory

order of the requirement of obtaining a certificate of immediate review from the trial

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.

06/14/2021