Samuel F. Cooper v. Truist Bank
CourtCourt of Appeals of Georgia
Date FiledSeptember 24, 2026
DocketA27D0163
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 24, 2026
The Court of Appeals hereby passes the following order:
A27D0163. SAMUEL F. COOPER v. TRUIST BANK.
In this civil case, Samuel F. Cooper filed a motion to recuse the assigned judge,
which another judge reviewed and denied. Cooper filed an application for
discretionary review in the Supreme Court of Georgia, which transferred the
application here. See Case No. S27D0069. We lack jurisdiction.
An order denying a motion to recuse is interlocutory and an appeal of such an
order requires compliance with the interlocutory appeal procedures, including
obtaining a certificate of immediate review from the trial court. See OCGA § 5-6-
34(b); Ellis v. Stanford, 256 Ga. App. 294, 295(2) (568 SE2d 157) (2002). Filing a
discretionary application under OCGA § 5-6-35 does not excuse a party seeking
appellate review of an interlocutory order from complying with the additional
requirements of OCGA § 5-6-34(b). See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d
213) (1996). Cooper’s failure to comply with the interlocutory appeal procedures
deprives this Court of jurisdiction over this application, which is hereby DISMISSED.
Because we have dismissed Cooper’s application, his “Motion for Supersedeas
and Stay of Proceedings Pending Appeal” is hereby DISMISSED as moot.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/24/2026
I certify that the above is a tru e ex tract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and t he seal of said court
hereto affixed the day and year last above written.
, Clerk.