Aundray Barnes v. State Farm Fire and Casualty Company

Court of Appeals
of the State of Georgia

                                        ATLANTA,____________________
                                                 December 18, 2023

The Court of Appeals hereby passes the following order:

A24I0084. AUNDRAY BARNES v. STATE FARM FIRE AND CASUALTY
     COMPANY et al.

      In this civil action, the trial court granted summary judgment to defendant State
Farm Fire and Casualty Company. After the trial court issued a certificate of
immediate review, plaintiff Aundray Barnes filed this timely application for
interlocutory appeal. Under OCGA § 9-11-56 (h), however, the grant of summary
judgment on any issue or as to any party is directly appealable. “This Court will grant
a timely application for interlocutory review if the order complained of is subject to
direct appeal and the applicants have not otherwise filed a notice of appeal.” Spivey
v. Hembree, 

 (

) (2004). Accordingly, this
interlocutory application is hereby GRANTED. Barnes shall have ten days from the
date of this order to file a notice of appeal in the trial court. OCGA § 5-6-34 (b). If
Barnes already has filed a notice of appeal in the trial court, then he need not file a
second notice. The clerk of the trial court is DIRECTED to include a copy of this
order in the record transmitted to this Court.
Court of Appeals of the State of Georgia
        C l e r k ’ s                  O f f i c e ,
Atlanta,____________________
          12/18/2023
        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.