X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Gobeil, Judge.Peter Lee received a judgment against Lovone Joyce Drain in February 2017. Since that time, Lee has attempted to collect on that judgment through post-discovery means, including discovery to Charles Drain, Lovone Drain’s husband. After Charles Drain repeatedly refused to provide any documents or engage in the post-judgment discovery process, the court granted Lee’s motion to compel discovery and ordered Charles Drain to comply with its previous orders, respond to Lee’s post-judgment interrogatories and requests to produce, and sit for a deposition. Charles Drain has directly appealed from that order. Although the case remains pending in the trial court, Charles Drain contends he is entitled to a direct appeal from a collateral order. Lee has filed a motion to dismiss.Under the collateral order doctrine, an interlocutory order may be appealed directly if it: “(1) resolves an issue that is substantially separate from the basic issues to be decided at trial, (2) would result in the loss of an important right if review had to await final judgment, and (3) completely and conclusively decides the issue on appeal[.]” Britt v. State, 282 Ga. 746, 748 (1) (653 SE2d 713) (2007) (citation and punctuation omitted). As a general rule, discovery rulings do not constitute collateral orders. See Gen. Motors Corp. v. Hammock, 255 Ga. App. 131 (564 SE2d 536) (2002).Charles Drain contends that the order should nonetheless be considered a collateral order because he is a non-party to the original action and judgment. It appears from the record, however, that Charles Drain is Lovone Drain’s husband, and this Court has previously held that “[t]he nonparty spouse of a judgment debtor is . . . within the scope of postjudgment discovery, including postjudgment interrogatories.” Esasky v. Forrest, 231 Ga. App. 488, 489 (1) (a) (499 SE2d 413) (1998). Under these circumstances, the discovery sought from Charles Drain is not substantially separate from Lee’s postjudgment attempts to recover money from Lovone Drain. See, e. g., Britt, 282 Ga. at 748 (1). Accordingly, the collateral order doctrine has no application, and Charles Drain was required to comply with the interlocutory appeal procedures–including obtaining a certificate of immediate review from the trial court–to appeal. See OCGA § 5-6-34 (b). Because Charles Drain did not follow the interlocutory appeal procedures, this Court is without jurisdiction to consider this appeal, and the same is dismissed.Lee requests that this Court impose a penalty of $2,500 against Charles Drain for filing a frivolous appeal.[1] We decline to find this appeal is frivolous or to impose a penalty at this time.Appeal dismissed. Dillard, C. J., and Hodges, J., concur.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›