JOSEPH MITCHELL BLAKE, JR. v. MICHAEL R. GROW, JR.
CourtCourt of Appeals of Georgia
Date FiledOctober 23, 2026
DocketA27A0590
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 23, 2026
The Court of Appeals hereby passes the following order:
A27A0590. JOSEPH MITCHELL BLAKE, JR. v. MICHAEL R. GROW, JR. et
al.
Joseph Mitchell Blake, Jr., filed a complaint for quiet title, declaratory
judgment, cancellation of instrument, injunctive relief, and accounting against
Michael Grow, Jr., and Gayle Borah. Borah filed an answer and counterclaim. After
the parties filed several motions, the trial court entered an omnibus order and, in
relevant part, dismissed Blake’s complaint. The trial court also recognized that
Borah’s counterclaim was a permissible cross-claim against Grow and ordered Borah
to perfect service on Grow. Blake then filed this direct appeal. 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.” An order is final “where it leaves no issues remaining to be resolved,
constitutes the court’s final ruling on the merits of the action, and leaves the parties
with no further recourse in the trial court” Paine v. Nations, 301 Ga. App. 97, 99(1)
(686 SE2d 876) (2009) (citation modified). Here, the trial court’s order did not
resolve Borah’s cross-claim. Under these circumstances, Blake could appeal only if
he complied with the interlocutory appeal procedures of OCGA § 5-6-34(b) or if the
trial court expressly determined that there was no just reason for delay under OCGA
§ 9-11-54(b). Johnson v. Hosp. Corp. of Am., 192 Ga. App. 628, 629 (385 SE2d 731)
(1989). “Where neither of these code sections [is] followed, the appeal is premature
and must be dismissed.” Id. (punctuation omitted).
Because Blake did not follow the interlocutory appeal procedures, and the trial
court did not enter judgment in accordance with OCGA § 9-11-54(b), we are without
jurisdiction to consider this appeal. See Rhymes v. E. Atlanta Church of God, Inc., 284
Ga. 145, 148 (663 SE2d 670) (2008). Consequently, this appeal is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/23/2026
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.