PETERSON v. ZIMMERMAN

A17A1909.

JOE W. PETERSON, v. DENNIS ZIMMERMAN et al.

Court of Appeals of Georgia.


Attorney(s) appearing for the Case

Joe W. Peterson, for Appellant.

Christopher Michael Carr , for Appellee.

Angela Ellen Cusimano , for Appellee.


Order

Inmate Joe W. Peterson filed a false imprisonment claim against 12 defendants, including Dennis Zimmerman. On December 15, 2016, the trial court entered an order dismissing Zimmerman and two other defendants. Peterson filed this direct appeal. We lack jurisdiction for two reasons.

First, because Peterson is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35[,]" which requires that the party wishing to appeal file an application for discretionary appeal.

Second, it appears the case is not final as Peterson's claims against the other defendants remain pending in the trial court. "In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less than all the parties is not a final judgment." (Punctuation and citation omitted.) Johnson v. Hosp. Corp. of America, 192 Ga.App. 628, 629 (385 S.E.2d 731) (1989). As the order Peterson seeks to appeal is not final, he was required to comply with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) in order to appeal. See id.

For these reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.


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