Samuel F Cooper v. McCalla Raymer Liebert Pierce LLC
CourtCourt of Appeals of Georgia
Date FiledJuly 14, 2026
DocketA26D0610
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 14, 2026
The Court of Appeals hereby passes the following order:
A26D0610. SAMUEL F. COOPER v. MCCALLA RAYMER LIEBERT
PIERCE LLC.
Samuel Cooper filed a motion to recuse the judge assigned to his case and all
the superior court judges in Columbia County. The assigned judge denied Cooper’s
motion, and Cooper filed this application for discretionary review. We lack
jurisdiction.
An order denying a motion to recuse is interlocutory. See Ellis v. Stanford, 256
Ga. App. 294, 295(2) (568 SE2d 157) (2002). Thus, in order to appeal, Cooper was
required to use the interlocutory appeal procedure, including obtaining a certificate
of immediate review from the trial court and filing an application for interlocutory
review. See OCGA § 5-6-34(b); Boyd v. State, 191 Ga. App. 435 (383 SE2d 906)
(1989). Although Cooper filed an application for discretionary appeal, compliance
with the discretionary-appeal statute, 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).
Accordingly, we lack jurisdiction over this application, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/14/2026
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.