Progressive Mountain Insurance Company v. Rickey McClendon
Docket A26A1578
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1578
Appeal from a trial court order awarding attorney fees as a discovery sanction where the court reserved the amount of fees for a later hearing
Summary
The Court of Appeals dismissed Progressive Mountain Insurance Company’s attempt to appeal a trial court order awarding attorney fees as a discovery sanction because the order was not final. The trial court reserved the amount of fees for a later hearing, so the case remained pending below. Progressive did not seek interlocutory review under the statutory procedure (OCGA § 5-6-34(b)) by obtaining a certificate of immediate review. Because Progressive failed to follow the required interlocutory appeal steps, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.
Issues Decided
- Whether the Court of Appeals has jurisdiction to hear a direct appeal from a trial court order that reserved the amount of attorney fees for a later hearing
- Whether Progressive waived interlocutory review by failing to obtain a certificate of immediate review under OCGA § 5-6-34(b)
Court's Reasoning
A direct appeal lies only from a final judgment that leaves no issues pending in the trial court. Because the trial court reserved the fee amount for a later hearing, the order was not final and the case remained pending. The court explained that to obtain immediate review of such an interlocutory order the appellant must follow OCGA § 5-6-34(b) and obtain a certificate of immediate review; Progressive did not do so, depriving the Court of Appeals of jurisdiction.
Authorities Cited
- OCGA § 5-6-34(a)(1)
- OCGA § 5-6-34(b)
- Yanes v. Escobar362 Ga. App. 896 (2022)
- Islamkhan v. Khan299 Ga. 548 (2016)
Parties
- Appellant
- Progressive Mountain Insurance Company
- Appellee
- Rickey McClendon
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Court decision date
- 2026-04-13
What You Should Do Next
- 1
Obtain interlocutory certificate of immediate review
If immediate appellate review is still desired, Progressive should seek a certificate of immediate review under OCGA § 5-6-34(b) consistent with Georgia law and the cited precedent.
- 2
Proceed with trial-court fee hearing
Prepare for and participate in the scheduled trial-court hearing to determine the amount of attorney fees, since the underlying case remains pending.
- 3
Consult appellate counsel
Consult an appellate attorney to evaluate options, including whether to pursue proper interlocutory procedures or preserve issues for appeal after final judgment.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed Progressive’s appeal because the trial court’s order was not final and Progressive did not use the required interlocutory appeal procedure.
- Who is affected by this decision?
- Progressive Mountain Insurance Company, as appellant, is affected because its appeal was dismissed; the trial court proceedings remain ongoing.
- What happens next in the trial court?
- The trial court will proceed to the later hearing to determine the amount of attorney fees, since the case remains pending below.
- Could Progressive have gotten immediate review?
- Yes — Progressive could have sought interlocutory review by following OCGA § 5-6-34(b) and obtaining a certificate of immediate review, but it did not do so.
- Can this dismissal be appealed further?
- Because the Court of Appeals dismissed for lack of jurisdiction, Progressive’s remaining option would be to seek interlocutory review properly or wait for a final judgment and then appeal; further remedies depend on Georgia appellate rules and timing.
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 13, 2026
The Court of Appeals hereby passes the following order:
A26A1578. PROGRESSIVE MOUNTAIN INSURANCE COMPANY v. RICKEY
MCCLENDON.
Progressive Mountain Insurance Company seeks to appeal the trial court’s order
awarding attorney fees as a discovery sanction under OCGA § 9-11-37(b)(2). We, however,
lack jurisdiction.
As a general rule, a right of direct appeal lies from only a final judgment — that is,
where the case is no longer pending below. See OCGA § 5-6-34(a)(1); Yanes v. Escobar, 362
Ga. App. 896, 897 (870 SE2d 506) (2022) (“[A]n 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.”) (quotation
marks omitted). Here, the trial court reserved the amount of attorney fees for a later
hearing. Thus, the order was not a final judgment and the case remains pending below. To
obtain immediate review of the trial court’s order, Progressive was required to follow the
interlocutory appeal procedures set forth in OCGA § 5-6-34(b), including obtaining a
certificate of immediate review. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016).
Progressive’s failure to follow the interlocutory appeal procedures deprives us of
jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
04/13/2026
Clerk’s Office, Atlanta,____________________
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.