Kenkam, LLC v. Cls Entertainment Incorporated
CourtCourt of Appeals of Georgia
Date FiledOctober 9, 2026
DocketA27A0471
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:
A27A0471. KENKAM, LLC v. CLS ENTERTAINMENT INCORPORATED.
In this civil action, plaintiff Kenkam, LLC directly appeals from two trial court
orders: (1) the “Order Enforcing Settlement Agreement, Directing Cooperation with
Closing, and Applying Closing Credits”; and (2) the “Order Denying Sandra
Campbell’s Motion to Open Default and Granting CLS Entertainment, Inc.’s Motion
for Default Judgment on Liability.” 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.” An order granting a motion to enforce a settlement agreement “is not final
until the trial court expressly enters final judgment on that order.” Thomas v.
Sheppard, 349 Ga. App. 871, 871 (827 SE2d 60) (2019) (quotation marks omitted). See
also Torres v. Elkin, 317 Ga. App. 135, 139(1) (730 SE2d 518) (2012)
(“[N]otwithstanding the trial court’s grant of a motion to enforce a settlement, a case
is not at an end until such time as the agreement has been made the judgment of the
court, thereby terminating the litigation.”) (quotation marks omitted). In addition, a
judgment that reserves the calculation or amount of damages is interlocutory and not
directly appealable under OCGA § 5-6-34(a)(1). See Sotter v. Stephens, 291 Ga. 79,
83–84 (727 SE2d 484) (2012).
Here, no final judgment appears to have been entered in this case. Indeed, the
settlement enforcement order expressly retained trial court jurisdiction to resolve
disputes concerning calculations, credits, closing documents, and compliance, thereby
leaving substantive issues pending. Furthermore, the default judgment order only
adjudicated liability and expressly reserved the determination of damages and
remaining relief for future orders. Consequently, Kenkam was 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); Smith
v. Millsap, 369 Ga. App. 430, 436(2)(a) (893 SE2d 833) (2023). Kenkam’s failure to
comply with the interlocutory appeal procedures deprives us of jurisdiction over this
appeal, which is hereby DISMISSED.
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.