Opinion
A23I0118
01-03-2023
GWINNETT COUNTY, GEORGIA v. DIPLOMAT INFRAPROP SUGARLOAF, LLC.
The Court of Appeals hereby passes the following order:
Diplomat Infraprop Sugarloaf, LLC, filed a zoning appeal and complaint for injunctive relief against Gwinnett County, Georgia. On December 5, 2022, the trial court denied Gwinnett County's motion for a judgment on the pleadings. On December 8, 2022, the trial court granted Gwinnett County a certificate of immediate review to seek an interlocutory appeal, and Gwinnett County filed its application for interlocutory appeal on December 20, 2022. We, however, lack jurisdiction.
To obtain appellate review of an interlocutory order, a party must follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review within ten days of the order and filing an application within ten days of the certificate. See Mullinax v. State, 271 Ga. 112, 112 (1) (515 S.E.2d 839) (1999); Howard v. State, 194 Ga.App. 857, 857 (392 S.E.2d 562) (1990). Here, Gwinnett County filed its application 11 days after the trial court granted it a certificate of immediate review. "Compliance with the applicable filing requirements for an interlocutory appeal application is an absolute requirement to confer jurisdiction." State v. Wheeler, 310 Ga. 72, 76 (3) (849 S.E.2d 401) (2020).
On the same day it filed its application, Gwinnett County filed a "Motion to File [an] Out of Time Application for Interlocutory Appeal or In The Alternative[,] To Have its Filed Application Deemed Timely." This Court denied the motion. See Case No. A23E0020 (decided December 21, 2022).
Accordingly, we lack jurisdiction to consider this application for interlocutory appeal, which is hereby DISMISSED.