Ronald Fuller v. Jay Delaino

Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 09, 2026
The Court of Appeals hereby passes the following order:
A26A1246. RONALD FULLER v. JAY DELAINO.
Following a vehicle collision, Ronald Fuller filed an action against Jay Delaino.
Fuller served Progressive Premier Insurance Company of Illinois as his uninsured
motorist coverage carrier. Progressive filed an answer and cross-claim against Delaino.
Progressive ultimately notified the parties and the court of its withdrawal of its answer
and cross-claim. Fuller filed an “Objection and Motion to Quash [Progressive’s]
Withdrawal of its Answer and Cross-Claim.” The trial court denied Fuller’s objection
and motion. Upon Fuller’s request, the trial court certified its decision for immediate
review. Fuller then filed this direct appeal. We, however, lack jurisdiction.
As a general rule, a right of direct appeal lies from only a final judgment — that
is, where the case is no longer pending below. See OCGA § 5-6-34(a)(1); Yanes v.
Escobar, 362 Ga. App. 896, 897 (870 SE2d 506) (2022) (“an order is final and
appealable when it leaves no issues remaining to be resolved, constitutes the court’s
final ruling on the merits of the action, and leaves the parties with no further recourse
in the trial court”) (punctuation omitted). Here, the denial of Fuller’s objection and
motion was not a final judgment and the case remains pending below. Thus, to obtain
immediate review of the trial court’s order, therefore, Fuller was required to follow
the interlocutory appeal procedures set forth in OCGA § 5-6-34(b). See Islamkhan v.
Khan, 299 Ga. 548, 551(2) (787 SE2d 731) (2016). Although Fuller obtained a
certificate of immediate review, he failed to file an application for interlocutory appeal.
Given Fuller’s failure, we lack jurisdiction over this appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/09/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.