(Credit: andranik123/Adobe Stock) Which Comes First: Discretionary or Interlocutory Appeal? High Court Tackles Procedural Dispute
"For you to prevail, I think you need to be able to show that the renewal action is the same 'the case' in which the voluntary dismissal was filed," Presiding Justice Nels S. D. Peterson told appellee counsel during oral arguments.
September 18, 2024 at 09:47 AM
8 minute read
What You Need to Know
- Supreme Court of Georgia hears oral argument challenging appellate procedural in underlying attorneys fees and expenses dispute.
- Appellants argue the Georgia Court of Appeals erroneously concluded plaintiffs needed to file interlocutory, rather than discretionary, appeal to challenge fee award linked to voluntarily dismissed, but subsequently renewed premise liability action.
- Appellee contends that the intermediate appellate court properly dismissed the appellants' discretionary appeal application since no final judgment existed.
A dispute over attorney fees awarded to defendants in a voluntarily dismissed premises liability case has warped into a procedural debate before the Supreme Court of Georgia.
The high court heard oral arguments Tuesday disputing whether the Georgia Court of Appeals erred when it dismissed a plaintiff group's application for a discretionary appeal of the awarded fees on grounds their renewal action warranted an interlocutory appeal, instead.
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