Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A21A1701; A21A1702; A21A1703. NAWKAW PROPERTIES, INC. et al. v.

PIYUSH PATEL et al.

In this real estate dispute, the parties obtained two arbitration awards.

Thereafter, in the trial court, both sides filed petitions to confirm the awards. On

March 1, 2021, the trial court entered a “Final Order and Judgment” confirming the

arbitration awards and requiring Nawkaw Properties, Inc. to comply with one of the

arbitration awards by specific performance. However, the trial court reserved ruling

on the parties’ requests for attorney fees and sanctions. On April 9, 2021, the trial

court ordered Nawkaw to deposit a supersedeas bond. On April 22, 2021, the trial

court entered a corrected “Final Order and Judgement” pursuant to OCGA § 9-11-60

(g).The court again confirmed the arbitration awards and ordered Nawkaw to comply

therewith, and entered judgment against Nawkaw. The court again reserved ruling on

the parties’ requests for attorney fees pursuant to OCGA § 9-15-14 and motion for

sanctions. The court also reserved ruling on motionsto disqualify Nawkaw’s counsel

and for contempt and set the reserved matters for a hearing. In Case No. A21A1701,

Nawkaw appeals from the March 1 order; in Case No. A21A1702, Nawkaw appeals

from the April 9 order; and in Case No. A21A1703, Nawkaw appeals from the April

22 order. We lack jurisdiction. 

“Generally, an order isfinal and appealable when it leaves no issuesremaining

to be resolved, constitutes the court’s final ruling on the merits of the action, and

leaves the parties with no further recourse in the trial court.” Thomas v. Douglas

County, 217 Ga. App. 520, 522 (1) (457 SE2d 835) (1995). Although denominated

as “final orders,” the trial court reserved resolution of numerous issues in its orders

July 14, 2021
of March 1 and April 22, including contempt, disqualification, and sanctions.

Accordingly, these orders are notfinal. See ForestCity GunClub v. Chatham County,

280 Ga. App. 219, 220 (633 SE2d 623) (2006) (explaining that the Court must

construe orders “according to their substance and function and not merely by

nomenclature”). In order to appealfromthese non-final orders, Nawkaw wasrequired

to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b),

including obtaining a certificate of immediate review and filing an application. Its

failure to do so here deprives this Court of jurisdiction. See Islamkhan v. Khan, 299

Ga. 548, 551 (2) (787 SE2d 731) (2016); Eidson v. Croutch, 337 Ga. App. 542, 543

(788 SE2d 129) (2016). 

Similarly, the trial court’s April 9 order requiring a supersedeas bond is not a

final appealable order within the meaning of OCGA § 5-6-34 because mattersremain

pending in the trial court. See Pruett v. Commercial Bank of Ga., 211 Ga. App. 692,

694 (440 SE2d 85) (1994). 

Nawkaw’s failure to comply with the interlocutory appeal requirements

deprives this Court of jurisdiction to consider these appeals, which are hereby

DISMISSED. 

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