Tabitha Few v. Richard Blair
CourtCourt of Appeals of Georgia
Date FiledAugust 25, 2026
DocketA27I0014
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 25, 2026
The Court of Appeals hereby passes the following order:
A27I0014. TABITHA FEW v. RICHARD BLAIR.
On December 15, 2025, we granted Tabitha Few’s application for interlocutory
review of an order denying her motion to enforce a settlement agreement in this tort
action. See Case No. A26I0087. Few timely filed a notice of appeal on December 23,
2025. See OCGA § 5-6-34(b) (providing that an applicant must file a notice of appeal
within ten days of an order granting an interlocutory appeal “and the procedure
thereafter shall be the same as in an appeal from a final judgment”). In July 2026,
however, the trial court dismissed the appeal, finding that Few had unreasonably
delayed the filing of a transcript. See OCGA § 5-6-48(c). The court certified that
order for immediate review, and Few now seeks interlocutory review of the dismissal
order.
“[A]fter an appellant files a notice of appeal following the grant of an
application for interlocutory appeal, the case stands in the same procedural posture
as a direct appeal from a final judgment.” Cohen v. Cohen, 300 Ga. App. 7, 8 n.5 (684
SE2d 94) (2009) (quotation marks omitted). “[A] trial court’s order dismissing a
properly filed direct appeal is itself subject to a direct appeal.” Am. Med. Sec. Group
v. Parker, 284 Ga. 102, 103(2) (663 SE2d 697) (2008). This Court will grant an
otherwise timely application for an 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). Accordingly, because the trial court’s dismissal of the appeal is directly
appealable, and Few is entitled to a direct appeal of that order without the necessity
of an application, this application is hereby GRANTED. Few shall have 10 days from
the date of this order to file her notice of appeal in the trial court, if she has not already
done so. OCGA § 5-6-34(b). The trial court clerk is DIRECTED to include a copy of
this order in the record transmitted to the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/25/2026
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.