Claude Harry Jean v. Penn Roofing, LLC
CourtCourt of Appeals of Georgia
Date FiledOctober 1, 2026
DocketA27A0283
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 01, 2026
The Court of Appeals hereby passes the following order:
A27A0283. CLAUDE HARRY JEAN v. PENN ROOFING, LLC.
In this action for damages, Claude Harry Jean filed a complaint against five
defendants: Auto-Owners Insurance Company, Blanchard & Calhoun Insurance
Agency, Wells Fargo Bank, N.A., Leann Jean, and Penn Roofing, LLC. The trial court
granted motions to dismiss filed by Blanchard & Calhoun and Penn Roofing. Jean
appeals from the trial court’s order dismissing Penn Roofing from the action. We,
however, lack jurisdiction.
Under OCGA § 5-6-34(a)(1)(B), 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.” In a case involving multiple parties or multiple claims, a decision adjudicating
fewer than all the claims or the rights and liabilities of fewer than all the parties is not
a final judgment. Johnson v. Hosp. Corp. of Am., 192 Ga. App. 628, 629 (385 SE2d 731)
(1989). For a party to obtain appellate review under such circumstances, there must
be either an express determination by the trial court that there is no just reason for
delay under OCGA § 9-11-54(b) or compliance with the interlocutory appeal
requirements of OCGA § 5-6-34(b). See id. Where neither code section is followed,
the appeal is premature and must be dismissed. Id.
Here, the record contains no indication that the trial court directed the entry
of judgment under OCGA § 9-11-54(b) or that the remaining claims against the three
other defendants in this action have been disposed of. Consequently, because no final
judgment has been entered, Jean was required to follow the interlocutory appeal
procedures — including obtaining a certificate of immediate review from the trial
court — to appeal the order at issue here. See OCGA § 5-6-34(b); Boyd v. State, 191
Ga. App. 435, 435 (383 SE2d 906) (1989). His failure to do so deprives us of
jurisdiction over this direct appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/01/2026
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.