PHILLIP ASHER v. UNITED SERVICES AUTOMOBILE ASSOCIATION
CourtCourt of Appeals of Georgia
Date FiledSeptember 29, 2026
DocketA27A0438
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 29, 2026
The Court of Appeals hereby passes the following order:
A27A0438. PHILLIP ASHER et al v. UNITED SERVICES AUTOMOBILE
ASSOCIATION.
Phillip Asher and Renee Arbogast (collectively “Asher”) filed a complaint
against United Service Automobile Association (“USAA”). USAA moved to dismiss
the action, and the trial court granted the motion, finding that Asher had never served
USAA. In the same order, the trial court also found that Asher failed to respond to
discovery requests or to USAA’s good-faith efforts to resolve the discovery dispute.
Based on the foregoing, the trial court found that monetary sanctions against Asher
were warranted pursuant to OCGA § 9-11-37(d), but reserved ruling on the amount.
Asher asked the court to vacate and revise its dismissal order and stay the proceeding,
which the trial court denied. Asher has filed a pro se direct appeal, seeking review of
both of the trial court’s orders. We, however, lack jurisdiction.
Under OCGA § 5-6-34(a)(1)(B), direct appeals generally may be taken from
“[a]ll final judgments, that is to say, where the case is no longer pending in the court
below.” See Yanes v. Escobar, 362 Ga. App. 896, 897 (870 SE2d 506) (2022)
(explaining that “an 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)). A trial court order that reserves ruling on a request for sanctions or attorney
fees generally is not final and appealable. See, e.g., Barnes v. Barnes, 361 Ga. App. 279,
281 (864 SE2d 119) (2021) (dismissing direct appeal from trial court order that
“specifically reserved ruling on the parties’ motions for attorney fees” and therefore
“was not a final judgment” (quotation marks omitted)); Norrod v. Willingham, 361 Ga.
App. 1, 3(2) (862 SE2d 577) (2021) (“there is no final judgment and a case remains
pending in the trial court where that court has explicitly reserved issues related to
costs and attorney fees for future judgment”).
Here, the trial court reserved ruling on the amount of monetary sanctions
pursuant to OCGA § 9-11-37(d) pending the presentation of further evidence, so the
case remains pending below. To obtain appellate review of the trial court’s orders at
this juncture, Asher was required to follow the interlocutory appeal procedures set
forth in OCGA § 5-6-34(b), which include obtaining a certificate of immediate review
from the trial court. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016). Asher’s failure to follow those procedures deprives us of jurisdiction over this
appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/29/2026
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.