Cedric Herbert v. Jefferson County Board of Commissioners

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 12, 2026

The Court of Appeals hereby passes the following order:

A26I0205. CEDRIC HERBERT v. JEFFERSON COUNTY BOARD OF
COMMISSIONERS et al.

In this civil action, the trial court denied Cedric Herbert’s motion to appear
remotely. Herbert filed a motion for a certificate of immediate review, which the trial
court denied. Herbert then filed this application for interlocutory appeal, seeking to
appeal both the denial of his request for a certificate of immediate review as well as the
denial of his motion to appear remotely.1 Herbert has also filed an emergency motion
seeking to stay proceedings below. We, however, lack jurisdiction.
To comply with the interlocutory appeal procedures of OCGA§ 5-6-34 (b), an
applicant must first obtain a certificate of immediate review from the trial court within
ten days of the order sought to be appealed. The trial court has unfettered discretion
in determining whether to issue a certificate of immediate review, and an appellate
court will thus not review a trial court’s decision. Duke v. State, 306 Ga. 171,
178–79(3)(a) (829 SE2d 348) (2019). Here, the trial court denied Herbert’s request
for a certificate of immediate review; we thus lack jurisdiction to consider this
application for interlocutory appeal. Id. at 186-87(4).

1
This Court dismissed Herbert’s previously filed application for discretionary
appeal, seeking review of the trial court’s order denying his motion to recuse and
subsequent request for a certificate of immediate review. Case No. A26D0441 (April
23, 2026). We also dismissed Herbert’s original mandamus petition, seeking to require
the trial court judge in a pending civil action to refer to another judge a recusal motion.
Case No. A26O0003 (April 8, 2026).
Accordingly, this application is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/12/2026
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.