What did the Court of Appeals decide?

The court dismissed the interlocutory application as duplicative because the trial-court order denying sovereign immunity is directly appealable and a notice of appeal in that matter is already pending under another docket number.

Who is affected by this order?

Sheriff Patrick Labat and Ralph Gershom LLC are affected because the court directed that further appellate filings proceed under the already-docketed appeal (A26A1678).

What happens next in the case?

All future filings related to the appeal of the immunity ruling must be submitted under Case No. A26A1678; the interlocutory application here will not be considered further.

On what legal basis did the court act?

The court relied on the new statute allowing direct appeals of orders granting or denying sovereign immunity and prior authority permitting interlocutory appeals when direct appealability exists.

Can this dismissal be appealed?

The order dismisses a duplicative interlocutory application; parties should proceed in the existing appeal (A26A1678) if they seek review of the underlying immunity ruling.

Patrick Labat, Sheriff of Fulton County v. Ralph Gershom LLC

Docket A26I0176

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26I0176

Interlocutory application for permission to appeal a superior court order denying sovereign immunity in an action seeking rescission of a sheriff's deed and refund of a purchase price

Summary

The Georgia Court of Appeals dismissed an interlocutory application filed by Fulton County Sheriff Patrick Labat seeking review of a trial court order that denied his summary-judgment immunity defense in a lawsuit by Ralph Gershom challenging a sheriff's deed. The court concluded the superior-court order is directly appealable under new OCGA § 5-6-34(a)(15), effective July 1, 2025, so an interlocutory application was unnecessary. Because Sheriff Labat already filed a notice of appeal docketed as Case No. A26A1678, the Court dismissed the duplicative application as superfluous and directed further filings to proceed under the existing appeal number.

Issues Decided

Whether the trial court's order denying sovereign immunity was subject to direct appeal under OCGA § 5-6-34(a)(15).
Whether an interlocutory application to this Court is proper when a direct appeal has already been docketed.

Court's Reasoning

The court relied on the newly enacted OCGA § 5-6-34(a)(15), which permits direct appeals of orders granting or denying sovereign immunity, making the interlocutory application unnecessary. Precedent permits granting interlocutory applications when an order is directly appealable, but because Sheriff Labat already filed a notice of appeal (Case No. A26A1678), the present application was duplicative and therefore dismissed as superfluous. The court directed further filings to the existing appeal docket.

Authorities Cited

OCGA § 5-6-34(a)(15)
Spivey v. Hembree268 Ga. App. 485 (602 SE2d 246) (2004)

Parties

Appellant: Patrick Labat, Sheriff of Fulton County
Plaintiff: Ralph Gershom LLC
Judge: Court of Appeals of the State of Georgia

Key Dates

Court decision date: 2026-04-16
Effective date of OCGA § 5-6-34(a)(15): 2025-07-01

What You Should Do Next

1
Consolidate filings under existing appeal
Submit all future appellate documents and briefs in the matter challenging the denial of sovereign immunity under Case No. A26A1678, as directed by the Court.
2
Consult appellate counsel
Speak with appellate counsel to ensure the record, notices, and briefs are timely filed under the existing docket and to confirm preservation of any immunity arguments.
3
Monitor deadlines
Confirm and calendar all relevant appellate deadlines in Case No. A26A1678 to avoid forfeiture of issues on appeal.

Frequently Asked Questions

What did the Court of Appeals decide?: The court dismissed the interlocutory application as duplicative because the trial-court order denying sovereign immunity is directly appealable and a notice of appeal in that matter is already pending under another docket number.
Who is affected by this order?: Sheriff Patrick Labat and Ralph Gershom LLC are affected because the court directed that further appellate filings proceed under the already-docketed appeal (A26A1678).
What happens next in the case?: All future filings related to the appeal of the immunity ruling must be submitted under Case No. A26A1678; the interlocutory application here will not be considered further.
On what legal basis did the court act?: The court relied on the new statute allowing direct appeals of orders granting or denying sovereign immunity and prior authority permitting interlocutory appeals when direct appealability exists.
Can this dismissal be appealed?: The order dismisses a duplicative interlocutory application; parties should proceed in the existing appeal (A26A1678) if they seek review of the underlying immunity ruling.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 16, 2026

The Court of Appeals hereby passes the following order:

A26I0176. PATRICK LABAT, SHERIFF OF FULTON COUNTY v. RALPH
GERSHOM LLC.

Ralph Gershom filed this action against Patrick Labat, Sheriff of Fulton County,
and others seeking rescission of a sheriff’s deed and a refund of the purchase price
Gershom tendered in connection with a lien sale. Sheriff Labat filed a motion for
summary judgment, arguing, among other things, that sovereign immunity barred the
lawsuit against him. The trial court denied summary judgment and certified its order
for immediate review. Sheriff Labat filed the instant application for interlocutory
appeal, reiterating the sovereign immunity argument, as well as a notice of appeal,
which has been docketed in this Court as Case No. A26A1678.
It appears that the superior court’s order is subject to direct appeal under the
newly-enacted OCGA § 5-6-34(a)(15), effective July 1, 2025, which allows for direct
appeals from “[a]ll judgments, orders, or rulings in civil actions granting or denying
or refusing to grant or deny immunity to one or more parties based upon sovereign .
. . immunity established by the United States Constitution or the Constitution, laws,
or common law of this state.” This Court will grant an otherwise timely application
for interlocutory appeal if the lower court’s order is subject to direct appeal. Spivey v.
Hembree, 268 Ga. App. 485, 486 n. 1 (602 SE2d 246) (2004). Because this appeal is
duplicative of the pending appeal in Case No. A26A1678, however, it is hereby
DISMISSED as superfluous. The parties are DIRECTED to submit all future filings
in this appeal under Case No. A26A1678.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/16/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.