State Farm Mutual Automobile Insurance Company v. James Adamson
CourtCourt of Appeals of Georgia
Date FiledSeptember 29, 2026
DocketA27A0430
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,_________________
September 29, 2026
The Court of Appeals hereby passes the following order:
A27A0430. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY v. JAMES ADAMSON.
Following an automobile accident, James Adamson filed suit against the other
driver, and State Farm Mutual Automobile Insurance Company (“State Farm”)
answered and filed a cross-claim. In December 2025, following a jury verdict, the trial
court entered judgment in favor of Adamson, and he filed a timely motion for new
trial. The trial court granted Adamson’s motion, and State Farm filed this direct
appeal. Adamson has filed a motion to dismiss the appeal, arguing that State Farm was
required to comply with the interlocutory appeal procedure. We agree.
Pursuant to 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.” However, in civil cases, such as this, “a judgment granting a new trial is not
a final judgment.” Henderson v. Henderson, 231 Ga. 208, 208 (200 SE2d 867) (1973).
Accord Cotton States Mut. Ins. Co. v. Bishop, 170 Ga. App. 9, 9 (316 SE2d 167) (1984).
Rather, to obtain appellate review at this juncture, State Farm was required to comply
with the interlocutory appeal procedure of OCGA § 5-6-34(b). See Murray v. Rozier,
186 Ga. App. 184, 184 (367 SE2d 886) (1988). Having failed to do so, State Farm is
not entitled to a direct appeal. See id. For this reason, Adamson’s motion to dismiss
this appeal is hereby GRANTED, and this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
09/29/2026
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.