The Joint Development Authority of Jasper County, Morgan County, Newton County and Walton County Joint Authority and Jasper County, Morgan County, Newton County and Walton County Counties sought to issue $9,000,000 in revenue bonds to finance the acquisition and development of an industrial park. The Morgan County Superior Court entered an order validating the bonds on September 27, 1999. On October 6, 1999 appellant Samuel M. Hay, III filed a motion to set aside the order validating the bonds; he also filed a notice of appeal on that date. The Joint Authority filed a petition requesting that Hay be required to post a supersedeas bond pursuant to OCGA § 50-15-2. The superior court entered an order requiring Hay to file a supersedeas bond in the amount of $35,000; the order further provided that Hay’s appeal would be dismissed by operation of law if he did not file the bond within ten days of the order. OCGA § 50-15-2. Hay filed an emergency motion in this court seeking to stay the order requiring him to post the appeal bond. This court denied Hay’s motion by order dated December 30, 1999. On January 19, 2000, Hay filed an “amended” notice of appeal; and on January 26, 2000 the superior court entered an order dismissing Hay’s appeal “by operation of law” for failure to file the supersedeas bond. Hay filed another amended notice of appeal seeking to appeal that order as well as the superior court’s previous adverse rulings. For the reasons that follow, we affirm the dismissal of Hay’s appeal.
1. Hay first challenges the jurisdiction of the Morgan County Superior Court to validate the bonds. Hay contends that jurisdiction of these proceedings was properly in Walton County because the Counties and the Development Authority of Walton County had sought validation of bonds for the industrial park in the superior court of Walton County prior to the institution of the Morgan County proceedings. Hay had not been allowed to participate in the Walton County proceedings, based on the trial court’s finding that Hay and another objector were not proper parties to those proceedings because they did not follow the intervention procedure set forth in OCGA § 9-11-24 c. However, this court held that the trial court erred in requiring compliance with OCGA § 9-11-24 c and that OCGA § 36-82-23 allowed Hay to participate in the bond validation proceedings as a party without the necessity of filing a motion to intervene pursuant to OCGA § 9-11-24. Hay v. Development Authority of Walton County, 239 Ga. App. 803, 804-805 521 SE2d 912 1999. We then “remanded the case with instructions to hold another validation hearing in which the objectors are allowed to participate as parties to the proceeding.” Id. at 805. Hay contends, inter alia, that pursuant to this opinion, jurisdiction of these proceedings was properly in Walton County and the filing of the petition in Morgan County was merely to circumvent this court’s decision. We find no merit to these contentions.