WALTER F. HAND, II v. MOSHE WEINGARTEN
CourtCourt of Appeals of Georgia
Date FiledOctober 9, 2026
DocketA27A0507
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 09, 2026
The Court of Appeals hereby passes the following order:
A27A0507. WALTER F. HAND, II et al. v. MOSHE WEINGARTEN et al.
In this civil action for breach of contract, fraud, and other claims, the plaintiffs
directly appeal from the trial court’s orders finding their materialman’s liens void and
ordering cancellation of those liens.1 We 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, multiple claims and counterclaims remain pending, and the record
contains no indication that the trial court directed the entry of judgment under OCGA
1
Although one of the appealed orders also denied the defendants’ motion for
an interlocutory injunction, and OCGA § 5-6-34(a)(4) allows direct appeals from all
judgments or orders refusing interlocutory injunctions, this ruling does not afford the
plaintiffs a basis to appeal because they were not aggrieved by it. See Landry v. Walsh,
342 Ga. App. 283, 288(3) n.4 (801 SE2d 553) (2017) (“A party generally may not
appeal a ruling that benefitted him or her.”).
§ 9-11-54(b). Consequently, because no final judgment has been entered, the plaintiffs
were required to follow the interlocutory appeal procedures — including obtaining a
certificate of immediate review from the trial court — to appeal the orders at issue
here. See OCGA § 5-6-34(b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906)
(1989). Their failure to do so deprives us of jurisdiction over this direct appeal, which
is hereby DISMISSED. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/09/2026
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.