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Marvis McDaniel-ivey v. Mohamed Ouda
A17A1774
| Ga. Ct. App. | Jul 4, 2017
|
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Case Information

*1 Court of Appeals

of the State of Georgia

ATLANTA,____________________ June 15, 2017 The Court of Appeals hereby passes the following order:

A17A1774. MARVIS MCDANIEL-IVEY v. MOHAMED OUDA.

Mohamed Ouda instituted a dispossessory action against Marvis McDaniel- Ivey in magistrate court. The magistrate dismissed the action, and Ouda appealed to superior court. The superior court entered an order that added parties; quashed a subpoena; consolidated the case with an ongoing quiet title action; compelled payment of rent into the registry of the court; and granted Ouda access to the property for the purposes of making repairs. McDaniel-Ivey filed a notice of appeal from this ruling. We, however, lack jurisdiction.

As a general rule, a right of direct appeal lies from a final judgment; that is, where the case is no longer pending below. See OCGA § 5-6-34 (a) (1). Here, the action remains pending in the superior court. Because the order was not final, McDaniel-Ivey was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) in order to obtain appellate review. [1] See Pace Constr. Corp. v. *2 Northpark Assoc., 215 Ga. App. 438, 439 (450 SE2d 828) (1994). We thus lack jurisdiction to consider this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________ 06/15/2017 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.

[1] McDaniel-Ivey filed an application for interlocutory appeal with the Supreme Court, which was transferred to this Court. However, McDaniel-Ivey withdrew the application. See A17I0238, withdrawn May 19, 2017.

Case Details

Case Name: Marvis McDaniel-ivey v. Mohamed Ouda
Court Name: Court of Appeals of Georgia
Date Published: Jul 4, 2017
Docket Number: A17A1774
Court Abbreviation: Ga. Ct. App.
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