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Mauer v. Parker Fibernet LLC

The Court of Appeals dismissed an interlocutory appeal seeking review of the trial court's removal order transferring the plaintiff's case to Chattooga county on the grounds that the same trial judge, who entered the removal order, did not issue the certificate of review, as required by OCGA § 5-6-34 b.

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We granted Jeffrey J. Mauer’s application for interlocutory appeal to review the trial court’s removal order, transferring the case from the Superior Court of Floyd County to the Superior Court of Chattooga County, pursuant to OCGA § 14-2-510 b 4, the corporate venue statute. Upon further review, we conclude that Mauer’s application was improvidently granted because Mauer failed to comply with the requirements of OCGA § 5-6-34 b governing interlocutory appeals. The instant appeal therefore must be dismissed. The record shows that Mauer filed this civil lawsuit against defendants Parker Fibernet, LLC and its president, David Parker, in the Superior Court of Floyd County. The defendants asserted improper venue as an affirmative defense in their answer, contending that venue instead lied in Chattooga County, where both defendants resided. The defendants also filed a notice of removal to transfer the case to the Superior Court of Chattooga County, pursuant OCGA § 14-2-510 b 4. In support of their notice of removal, the defendants submitted an affidavit showing that David Parker was a resident of Chattooga County, that Parker Fibernet’s principal place of business and registered agent were in Chattooga County, and that Parker Fibernet did not maintain an office in Floyd County. Mauer filed an objection to the notice of removal.

On February 3, 2010, after considering the arguments and evidence presented, the Floyd County Superior Court entered a removal order transferring the case to Chattooga County. On February 12, 2010, after the case had been transferred, Mauer sought and obtained a certificate of immediate review from the Chattooga County trial judge. Mauer then filed an application for an interlocutory appeal, which this Court granted.

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