Blue Flame Lounge, Inc. v. Andrew Davis

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 11, 2026

The Court of Appeals hereby passes the following order:

A26I0207. BLUE FLAME LOUNGE, INC. v. ANDREW DAVIS et al.

On April 20, 2026, the trial court certified for immediate review its order
denying the motion for summary judgment filed by the defendant Blue Flame Lounge,
Inc. On May 1, 2026, the defendant filed this application for interlocutory review. We
lack jurisdiction because the application is untimely.
Under OCGA § 5-6-34(b), a party may request interlocutory review if the trial
court certifies within ten days of entry of the order at issue that immediate review
should be had. Additionally, an application for interlocutory review must be filed in
this Court within ten days after the certificate of immediate review is granted. OCGA
§ 5-6-34(b). See Genter v. State, 218 Ga. App. 311, 311 (460 SE2d 879) (1995); Graves
v. Dean, 166 Ga. App. 186, 186 (303 SE2d 751) (1983). Here, the trial court entered
the certificate of immediate review on April 20, 2026, meaning that the defendant
needed to file its application for interlocutory appeal no later than April 30, 2026. The
defendant’s application, however, was not filed until May 1, 2026.
The requirements of OCGA § 5-6-34(b) are jurisdictional, and if a party seeking
interlocutory review does not comply with these requirements, we lack jurisdiction to
consider its application. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d 731)
(2016) (“when the order appealed from is an interlocutory order, the appellate court
does not acquire jurisdiction unless the procedure of OCGA § 5-6-34(b) for
interlocutory appeal is followed”) (citation and punctuation omitted). Accord
Settendown Pub. Utility, LLC v. Waterscape Utility, LLC, 324 Ga. App. 652, 653 (751
SE2d 463) (2013) (the “interlocutory appeal statute is not a run-of-the-mill procedural
provision [but instead] is a jurisdictional law by which the General Assembly has
limited the authority of Georgia’s appellate courts to hear certain cases”) (citation and
punctuation omitted). Instead, where a party files an untimely application for
interlocutory appeal, it generally must wait until after the entry of final judgment to
appeal.1 See Duke v. State, 306 Ga. 171, 178(3)(a) (829 SE2d 348) (2019).
Because we are without jurisdiction to consider this application, it is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/11/2026
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.

1
In order to give a party a second opportunity to pursue an interlocutory appeal,
a trial court may vacate and reinstate both the underlying order and the certificate of
immediate review. See Canoeside Properties v. Livsey, 277 Ga. 425, 426–27(1) (589
SE2d 116) (2003); Piedmont Hosp. v. D. M., 335 Ga. App. 442, 444(1) (779 SE2d 36)
(2015).