Opinion
A25A0030
08-15-2024
PATRICIA BECKFORD v. U.S. BANK TRUST NATIONAL ASSOCIATION, AS OWNER TRUSTEE FOR RCF 2 ACQUSITION TRUST.
The Court of Appeals hereby passes the following order:
Non-party Patricia Beckford moved in the trial court to intervene in this quiet title action. The court denied the motion. Beckford filed a motion for reconsideration and a motion to remove the case from the trial calendar. The court denied the motion for reconsideration and found that Beckford did not have standing to seek a continuance. Beckford appeals. We, however, lack jurisdiction.
Under OCGA § 5-6-34 (a) (1), direct 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[.]" Here, the record reflects that the case remains pending below. To obtain immediate review of the trial court's order, therefore, Beckford was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), which include obtaining a certificate of immediate review from the trial court. See Islamkhan v. Khan, 299 Ga. 548, 551 (2) (787 S.E.2d 731) (2016); see also Morman v. Bd. of Regents of the Univ. System of Ga., 198 Ga.App. 544, 544 (402 S.E.2d 320) (1991) ("The denial of a motion to intervene is not a final judgment and thus, is reviewable under the interlocutory appeal procedure[s]" delineated in OCGA § 5-6-34 (b)). Beckford's failure to follow those procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
Not only could Beckford have sought an interlocutory appeal under OCGA § 5-6-34 (b), the denial of her motion to intervene may be reviewable as part of the timely review of a subsequent final judgment. See Davis v. Deutsche Bank Nat'l Trust Co., 285 Ga. 22, 24 n. 1 (673 S.E.2d 221) (2009).