Opinion
A23A1176
05-03-2023
THERIAN WIMBUSH v. THE STATE.
The Court of Appeals hereby passes the following order:
On December 12, 2022, this Court vacated the trial court order's denying the motion in arrest of judgment Therian Wimbush filed in two cases, and we remanded the cases for the trial court to enter an order dismissing the motion. Case Nos. A22A1622 and A22A1712. On December 21, 2022, the trial court entered an order dismissing Wimbush's motion in arrest of judgment. Then, on February 14, 2023, the trial court entered an order vacating the December 21, 2022 order, stating that it had entered the order prematurely, inasmuch as the trial court had not at that time received the remittitur from this Court; the trial court added that a new order would be entered upon receipt of the remittitur. Wimbush appeals the trial court's February 14, 2023 order. We lack jurisdiction.
"Generally, an order is final and appealable when it leaves no issues remaining to be resolved, constitutes the court's final ruling on the merits of the action, and leaves the parties with no further recourse in the trial court." Thomas v. Douglas County, 217 Ga.App. 520, 522 (1) (457 S.E.2d 835) (1995). In the order Wimbush seeks to appeal, the trial court expressly stated that it would enter a new order later. Because this direct appeal is not from a final judgment, it must be dismissed. See generally OCGA § 5-6-34 (a); Seals v. State, 311 Ga. 739, 748 (3) (860 S.E.2d 419) (2021).
Moreover, to the extent Wimbush seeks to appeal rulings on issues raised and addressed in earlier appeals, she is barred from doing so because "any ruling by the Supreme Court or the Court of Appeals in a case shall be binding in all subsequent proceedings in that case in the lower court and in the Supreme Court or the Court of Appeals." OCGA § 9-11-60 (h); see Ross v. State, 310 Ga.App. 326, 327 (713 S.E.2d 438) (2011). See Case Nos. A23A0845, A23A0846 (dismissed Mar. 22, 2023), wherein this Court dismissed Wimbush's appeals from the trial court's order dismissing the motion in arrest of judgment.
Accordingly, this appeal is hereby DISMISSED.