Progressive Mountain Insurance Company v. Rickey McClendon

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 13, 2026

The Court of Appeals hereby passes the following order:

A26A1578. PROGRESSIVE MOUNTAIN INSURANCE COMPANY v. RICKEY
MCCLENDON.

Progressive Mountain Insurance Company seeks to appeal the trial court’s order
awarding attorney fees as a discovery sanction under OCGA § 9-11-37(b)(2). 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) (“[A]n 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.”) (quotation
marks omitted). Here, the trial court reserved the amount of attorney fees for a later
hearing. Thus, the order was not a final judgment and the case remains pending below. To
obtain immediate review of the trial court’s order, Progressive was required to follow the
interlocutory appeal procedures set forth in OCGA § 5-6-34(b), including obtaining a
certificate of immediate review. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016).
Progressive’s failure to follow the interlocutory appeal procedures deprives us of
jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
04/13/2026
Clerk’s Office, Atlanta,____________________
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.