Automated Summary
Key Facts
Rhonda Johnson was charged with possessing cocaine with intent to distribute and filed a motion to dismiss. On April 9, 2015, Presiding Senior Judge Michael Hancock denied the motion. Johnson then obtained a certificate of immediate review signed by a different judge and filed an application for interlocutory appeal. The Court of Appeals of Georgia dismissed the application because the certificate was invalid - under OCGA § 5-6-34(b), the same judge who enters the order must certify it for immediate review, and Johnson made no showing that Judge Hancock was unavailable.
Issues
The court addressed whether the certificate of immediate review submitted by Johnson was valid and whether it confers jurisdiction on the Court of Appeals. Under OCGA § 5-6-34(b), the statute requires that the same judge who enters the order must certify it for immediate review. Since Johnson's certificate was signed by a different judge than the one who denied her motion, the court found the certificate invalid and dismissed the application for interlocutory appeal for lack of jurisdiction.
Holdings
The Court of Appeals of Georgia dismissed the application for interlocutory appeal because the certificate of immediate review was invalid. The certificate was signed by a different judge than the one who entered the order, which violates OCGA § 5-6-34(b). The court lacks jurisdiction to hear the appeal.
Remedies
The Court of Appeals dismissed Rhonda Johnson's application for interlocutory appeal because the certificate of immediate review was invalid. The court lacked jurisdiction since the certificate was signed by a different judge than the one who entered the order being appealed, and Johnson failed to show the original judge was unavailable.
Legal Principles
Under OCGA § 5-6-34(b), a party may apply for interlocutory appellate review only where the trial judge who renders the order certifies within ten days that the order is of such importance that immediate review should be had. The plain language of the statute requires that the same judge who enters the order must also certify it for immediate review.
Precedent Name
- Freemon v. Dubroca
- Mauer v. Parker Fibernet, LLC
- Thorpe v. Russell
- Tingle v. Harvill
Cited Statute
Official Code of Georgia Annotated
Judge Name
Michael Hancock
Passage Text
- Under OCGA § 5-6-34 (b), a party may apply for interlocutory appellate review where the trial judge certifies within ten days that the order is of such importance to the case that immediate review should be had. The plain language of the statute requires that the same judge who enters the order must certify it for immediate review.
- Because the certificate of immediate review submitted by Johnson is invalid, it does not confer jurisdiction upon this Court. Accordingly, the application for interlocutory appeal is hereby DISMISSED.
- This Court has recognized a limited exception to this rule where evidence shows that the trial judge was unavailable to execute the certificate. But Johnson has made no showing that Judge Hancock was unavailable.