Liu Weidong v. Gwinnett County - Application Dismissed
Summary
The Court of Appeals of Georgia dismissed Liu Weidong's application for discretionary appeal in the case of Gwinnett County v. Liu Weidong. The dismissal was due to Weidong's failure to follow proper interlocutory appeal procedures, specifically not obtaining a certificate of immediate review.
What changed
The Court of Appeals of Georgia has dismissed Liu Weidong's application for discretionary appeal in the case of Gwinnett County v. Liu Weidong, docket number A26D0375. The court found it lacked jurisdiction because Weidong failed to comply with interlocutory appeal procedures, such as securing a certificate of immediate review, while a contempt motion was still pending in the trial court. The court also noted a violation of Court of Appeals Rule 31(e) for failing to include necessary documents with the application.
This dismissal means the appellate court will not review the trial court's order related to the contempt proceedings. Weidong, and legal professionals representing parties in similar situations, must adhere strictly to the established procedural rules for interlocutory appeals to ensure appellate jurisdiction is properly conferred. Failure to do so will result in dismissal, as demonstrated in this case.
What to do next
- Review OCGA § 5-6-34(b) and Court of Appeals Rule 31(e) for interlocutory appeal requirements.
- Ensure all necessary documentation is included when filing applications for discretionary or interlocutory appeals.
- Confirm that required procedural steps, such as obtaining a certificate of immediate review, are completed before filing an appeal of an interlocutory order.
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March 4, 2026 Get Citation Alerts Download PDF Add Note
Liu Weidong v. Gwinnett County
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26D0375
Disposition: Discretionary Application Dismissed
Disposition
Discretionary Application Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 04, 2026
The Court of Appeals hereby passes the following order:
A26D0375. LIU WEIDONG v. GWINNETT COUNTY.
In this action for an injunction filed by Gwinnett County, Liu Weidong seeks
to appeal the trial court’s rule nisi order requiring Weidong to appear and show cause
as to why he should not be held in contempt.1 Weidong originally filed this application
for discretionary appeal in the Supreme Court of Georgia, which transferred the case
here. See Case No. A26D0647 (Jan. 15, 2026). We, however, lack jurisdiction.
At the time Weidong filed this application, the County’s motion for contempt
was still pending in the trial court. Accordingly, Weidong was required to comply with
the interlocutory appeal procedures — including securing a certificate of immediate
review from the trial court — to obtain immediate appellate review of the order at
issue. See OCGA § 5-6-34(b); Guy v. Roberson, 214 Ga. App. 391, 392 (1) (448 SE2d
60) (1994). And Weidong’s filing of an application for a discretionary appeal does not
excuse him from complying with the interlocutory appeal procedures set forth in
OCGA § 5-6-34(b). See Bailey v. Bailey, 266 Ga. 832, 832–33 (471 SE2d 213) (1996)
(where a party is appealing an interlocutory order, the filing of an application for a
discretionary appeal is insufficient to confer jurisdiction on the appellate court);
Eidson v. Croutch, 337 Ga. App. 542, 543 (788 SE2d 129) (2016) (same).
1
Weidong did not include a copy of the motion for contempt or the order to
which Weidong is allegedly in contempt of, in violation of Court of Appeals Rule 31(e)
(“The applicant shall include with the application a copy of any petition or motion
that led directly to the order or judgment being appealed and a copy of any responses
to the petition or motion.”).
Given Weidong’s failure to follow the interlocutory appeal procedures, we lack
jurisdiction to consider this application, which is hereby DISMISSED. See Bailey, 266
Ga. at 833.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/04/2026
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.
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