Progressive Mountain Insurance Company v. Rickey McClendon
Summary
The Georgia Court of Appeals dismissed Progressive Mountain Insurance Company's appeal regarding attorney fees awarded as a discovery sanction under OCGA § 9-11-37(b)(2). The court held it lacked jurisdiction because the trial court's order was not final—the fee amount was reserved for a later hearing, leaving the case pending below. The court noted that direct appeals require final judgments, and parties must follow interlocutory appeal procedures including obtaining a certificate of immediate review to challenge non-final orders.
What changed
The Georgia Court of Appeals dismissed Progressive Mountain Insurance Company's appeal for lack of jurisdiction. The underlying trial court order was not final because it reserved the attorney fee amount for a later hearing, leaving the case pending below. The court applied Georgia's final judgment rule and emphasized that parties must follow interlocutory appeal procedures under OCGA § 5-6-34(b), including obtaining a certificate of immediate review, to challenge non-final orders.\n\nInsurers and legal professionals handling discovery sanctions in Georgia should note that attorney fee awards reserved for later determination are not immediately appealable. Parties seeking immediate review of non-final orders must comply with interlocutory appeal procedures to obtain appellate jurisdiction, or wait for the trial court to issue a final judgment.
What to do next
- Obtain a certificate of immediate review when seeking to appeal non-final orders in Georgia
- Follow Georgia's interlocutory appeal procedures under OCGA § 5-6-34(b) for immediate review of trial court orders
Archived snapshot
Apr 13, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 13, 2026 Get Citation Alerts Download PDF Add Note
Progressive Mountain Insurance Company v. Rickey McClendon
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1578
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
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.
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