REGINALD WHISENTON v. GLOBAL ACCOUNTING NETWORK, INC.
CourtCourt of Appeals of Georgia
Date FiledSeptember 23, 2026
DocketA27A0332
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 23, 2026
The Court of Appeals hereby passes the following order:
A27A0332. REGINALD WHISENTON et al. v. GLOBAL ACCOUNTING
NETWORK, INC.
Plaintiff Global Accounting Network, Inc. filed an action against Defendants
Reginald Whisenton and Winters Staffing Group, LLC, alleging fraud/embezzlement
and breach of fiduciary duty and seeking punitive damages and attorney fees pursuant
to OCGA § 13-6-11. After the defendants failed to appear for trial, the trial court
entered a default judgment against the defendants and awarded plaintiff damages,
reserving the issue of attorney fees for a later hearing. Defendants then filed this direct
appeal. We, however, lack jurisdiction.
“Generally, an order is final and appealable when 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.” Thomas v. Douglas
County, 217 Ga. App. 520, 522(1) (457 SE2d 835) (1995). “Where there is no final
order, a party must comply with the rules for interlocutory appeal, which require
obtaining a certificate of review from the trial court and permission from this [C]ourt
to bring the appeal. OCGA § 5-6-34(b).” Smith v. Millsap, 369 Ga. App. 430,
436(2)(a) (893 SE2d 833) (2023) (quotation marks omitted). If an order reserves the
issue of attorney fees under OCGA § 13-6-11, the order is not final under OCGA §
5-6-34(a)(1)(B) and compliance with the interlocutory appeal procedures is required.
Sotter v. Stephens, 291 Ga. 79, 83–84 (727 SE2d 484) (2012).
Because the trial court’s order here reserved ruling on plaintiff’s request for
attorney fees under OCGA § 13-6-11, the order was not final, and the defendants were
required to comply with the interlocutory appeal procedures. Their failure to do so
deprives us of jurisdiction over this appeal. Accordingly, this appeal is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/23/2026
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.