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Synovus Bank v. Peachtree Factory Ctr. Inc.

A trial court's decision not to certify an order as final under O.C.G.A. § 9-11-54 subsection b is not appealable.

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Synovus Bank appeals the trial court’s order denying its motion for certification of final judgment. We conclude that the order is not appealable and that we cannot intervene and address the merits of this case. The appeal is therefore dismissed.

In August 2011, Synovus issued a commercial promissory note to Peachtree Factory Center, Inc. James Mottola and Theo Mann both guaranteed payment of the note. When the defendants refused to pay the amounts due under the note, Synovus filed suit for the unpaid balance, interest, and attorney fees. The defendants answered and filed a counterclaim, asserting that Synovus had induced them to enter into the transaction in order to allow the bank to refinance the debt of Fourth Quarter XVII, LLC. Defendants claimed that they were not to have any liability under the note or the guaranties after the refinancing occurred, but the refinancing apparently never happened. The defendants also filed a third-party complaint against Fourth Quarter and Stanley Thomas, asserting essentially the same claims included in their counterclaim.

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