Opinion
A22I0006
08-06-2021
VINEYARD INDUSTRIES, INC. et al. v. JACQUELINE MORRIS.
The Court of Appeals hereby passes the following order:
Vineyard Industries, Inc. seeks immediate review of the trial court's order denying its motion to open default. The trial court entered its order on July 2, 2021 and the certificate of immediate review on July 13, 2021. We lack jurisdiction.
Under OCGA § 5-6-34 (b), a party may request interlocutory review only if the trial court certifies within ten days of entry of the order at issue that immediate review should be had. A timely certificate of immediate review is a jurisdictional requirement, see Von Waldner v. Baldwin/Cheshire, Inc., 133 Ga.App. 23, 24 (2) (209 S.E.2d 715) (1974), and if the certificate of immediate review is not entered within the prescribed ten-day period, it is untimely, and the party seeking review must wait until the final judgment to appeal. See OCGA § 5-6-34 (b); Turner v. Harper, 231 Ga. 175, 176 (200 S.E.2d 748) (1973). Here, the certificate of immediate review was entered 11 days after entry of the order on appeal. Accordingly, we lack jurisdiction to consider this application, which is hereby DISMISSED.