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Connie C. Sanders v. Mighty Oak, LLC
A17I0141
| Ga. Ct. App. | Feb 22, 2017
|
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Case Information

*1 Court of Appeals

of the State of Georgia

ATLANTA,____________________ February 21, 2017 The Court of Appeals hereby passes the following order:

A17I0141. CONNIE C. SANDERS v. MIGHTY OAK, LLC.

A lawsuit was filed against defendant Connie C. Sanders to recover on a promissory note. Sanders and third-party plaintiff, Mighty Oak, LLC, filed cross- motions for partial summary judgment. The trial court granted Mighty Oak’s motion and denied Sanders’ motion, finding that Sanders was liable under the note as a matter of law. Sanders seeks interlocutory review of this ruling.

Under OCGA § 9-11-56 (h), the grant of summary judgment on any issue or as to any party is reviewable by direct appeal. See City of Demorest v. Town of Mt. Airy , 282 Ga. 653, 654 n.1 (653 SE2d 43) (2007); Whiddon v. Stargell , 192 Ga. App. 826, 827-828 (386 SE2d 884) (1989). We will grant a timely application for interlocutory appeal if the order complained of is directly appealable and the applicant has not already filed a timely notice of appeal. See Spivey v. Hembree , 268 Ga. App. 485, 486 n.1 (602 SE2d 246) (2004). Accordingly, this interlocutory application is hereby GRANTED. Sanders shall have ten days from the date of this order to file a notice of appeal in the trial court. If she has already filed a timely notice of appeal from the order at issue here, she need not file a second notice. The clerk of *2 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,____________________ 02/21/2017 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.

Case Details

Case Name: Connie C. Sanders v. Mighty Oak, LLC
Court Name: Court of Appeals of Georgia
Date Published: Feb 22, 2017
Docket Number: A17I0141
Court Abbreviation: Ga. Ct. App.
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