certificate of immediate review must be filed with clerk of court within ten days in order to comply with interlocutory appeal procedures; it is insufficient for certificate to be merely dated within the ten-day period
How later courts described this case
- certificate of immediate review must be filed with clerk of court within ten days in order to comply with interlocutory appeal procedures; it is insufficient for certificate to be merely dated within the ten-day period
- a certificate of immediate review “must be filed with the clerk of the trial court or ‘entered’ within the ten-day period in order to secure immediate review of a nonfinal judgment”
Written by the judges who cited it.
The opinion
Jordan, Justice,
dissenting. I do not agree that this appeal should be dismissed simply because the certificate for immediate review was not filed with the clerk of the trial court within the ten-day period in which it was signed by the trial judge. As I understand Code Ann. § 6-701 (a 2), it is only required that the certificate be obtained from the trial judge within ten days of entry of such order, decision, or judgment complained of. When such certificate is obtained within that ten-day period, as was done here, the party wishing to appeal has complied with the requirements of this Code section, and it is not fatal to the appeal that such a certificate is not filed with the clerk of the trial court within the same ten-day period.
In my opinion, a certificate for immediate review merely allowing an appeal from a non-final judgment is not such a judgment as is contemplated by Code Ann. § 6-903. See Jordan v. State, 129 Ga. App. 176 ( 198 SE2d 888 ).
I therefore respectfully dissent from the judgment of dismissal.
I am authorized to state that Chief Justice Mobley and Justice Ingram concur in this dissent.