Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 15, 2026 The Court of Appeals hereby passes the following order: A27D0131. MARCUS PHILLIPS v. PAWNEE LEASING CORPORATION et al. In this garnishment proceeding, Marcus Phillips filed the instant application for discretionary review of the trial court’s order denying his third-party claim. We lack jurisdiction because the court has not resolved the underlying claim of the plaintiff, Pawnee Leasing Corporation, against the garnishee, JP Morgan Chase Bank. In cases “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 America, 192 Ga. App. 628, 629 (385 SE2d 731) (1989). Under such circumstances, there must be either an express determination that there is no just reason for delay under OCGA § 9-11-54(b) or compliance with the interlocutory appeal procedures of OCGA § 5-6-34(b), which include obtaining a certificate of immediate review from the trial court. See id. “Where neither of these code sections [is] followed, the appeal is premature and must be dismissed.” Id. (citation modified). “Although appeals in garnishment cases are typically brought by discretionary application, see OCGA § 5-6-35(a)(4), where both discretionary and interlocutory application procedures apply, the applicant must follow the interlocutory appeal procedure and obtain a timely certificate of immediate review before filing an application.” Bryan Cave Leighton Paisner, LLP v. Gebo Law, LLC, 374 Ga. App. 442, 443 (912 SE2d 346) (2025). Here, Phillips was required to comply with the interlocutory appeal procedure, because the trial court has not resolved the underlying claim of the plaintiff against the garnishee. See Bryan Cave Leighton Paisner, LLP, 374 Ga. App. at 442 (order that directed a garnishee to pay funds into the court registry but did not direct the disbursement of those funds from the registry was not a final judgment and was subject to the interlocutory appeal procedure); Turner v. Wood, 159 Ga. App. 850, 850 (285 SE2d 589) (1981) (“Although the trial court ruled in favor of the plaintiff with regard to defendant’s traverse, there is no order of the trial court disbursing the funds answered into court by the garnishee. No final order has been entered in the main case. The appeal is accordingly premature.” (quotation marks omitted)); Knox v. Knox, 151 Ga. App. 144, 144 (259 SE2d 150) (1979) (an order that overruled a motion to dismiss the garnishment filed by the defendant was not a final judgment and was subject to the interlocutory appeal procedures); Marbut Co. v. Capital City Bank, 148 Ga. App. 664, 665(1) (252 SE2d 85) (1979) (“[T]he [garnishment] matter remains in the hands of the trial judge until such time as an order is entered directing the disbursement of the funds.”). Phillips’s failure to comply with the required appellate procedure deprives us of jurisdiction over his discretionary application, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/15/2026 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.