Waye v. Cont'l Special Risks, Inc., 656 S.E.2d 150 (Ga. Ct. App. 2007). · Go Syfert
Waye v. Cont'l Special Risks, Inc., 656 S.E.2d 150 (Ga. Ct. App. 2007). Cases Citing This Book View Copy Cite
70 citation events (70 in the last 25 years) across 1 distinct court.
Strongest positive: Board of Regents v. Canas (gactapp, 2009-01-12)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (quoted) Board of Regents v. Canas (3×) also: Cited as authority (rule), Cited "see"
Ga. Ct. App. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
in every matter coming to this court we are required to examine the record to make certain we possess jurisdiction.
examined Cited as authority (rule) GWENDOLYN D. DYKES v. ATLANTA PAVING & CONCRETE CONSTRUCTION, INC. (3×) also: Cited "see"
Ga. Ct. App. · 2025 · confidence medium
Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007) (cleaned up). 4 But today’s opinion is not about a party’s attempt to use their “own voluntary dismissal as the vehicle for appellate review”of a ruling for which the appeal deadine had long passed.
discussed Cited as authority (rule) STATE OF GEORGIA v. DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY
Ga. Ct. App. · 2024 · confidence medium
“A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal.”2 And “[i]t is axiomatic that at the appellate level one cannot complain of a judgment, order, or ruling that his own 1 (Citation and punctuation omitted.) Nance v. Houston County School Dist., 359 Ga. App. 204 , 205 ( 857 SE2d 97 ) (2021). 2 (Citation, punctuation and emphasis omitted.) Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007). 2 procedure or conduct procured or aided in causing.”3 Here, th…
discussed Cited as authority (rule) ESTATE OF RUSSELL FERRELL, JR. v. GRADY MEMORIAL HOSPITAL CORPORATION
Ga. Ct. App. · 2024 · confidence medium
Pretermitting whether the voluntary dismissal was interlocutory1 or whether Ferrell is still represented by counsel, “[a] voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff.” Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007). 1 Although the voluntary dismissal concerned “all claims in this action,” only the parties to the settlement agreement are named in that pleading, and it is unclear how or if the claims against the five individual medical providers were resolved.
discussed Cited as authority (rule) MATEO F. MUNOZ v. FULTON COUNTY PATRICK LABAT
Ga. Ct. App. · 2024 · confidence medium
O’Dell v. Mahoney, 324 Ga. App. 360, 362 (1) ( 750 SE2d 689 ) (2013); Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007) (explaining that a party cannot use his “own voluntary dismissal as the vehicle for appellate review of rulings entered by the trial court more than 30 days from the filing of the notice of appeal”) (citation and punctuation omitted); accord Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995).
discussed Cited as authority (rule) PACES FUNDING, LLC v. JOSEPH DEAN TILMAN, IV (2×)
Ga. Ct. App. · 2024 · confidence medium
Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
cited Cited as authority (rule) NYA HALL v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
Ga. Ct. App. · 2023 · confidence medium
Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
discussed Cited as authority (rule) Lanier Parkway Associates, LLC v. Hercules, Inc. (2×) also: Cited "see"
Ga. Ct. App. · 2022 · confidence medium
To the extent that plaintiffs sought to appeal from the March 22 dismissal, we note that “[a] voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff.” Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
discussed Cited as authority (rule) In RE ESTATE OF WILLIE MAE JAMES A/K/A WILLIE MAE BROCKINGTON JAMES (2×) also: Cited "see"
Ga. Ct. App. · 2022 · confidence medium
“A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38[.]. . .A voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff.” Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007); see also Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995); Mitchell v. Wyatt, 192 Ga. App. 127, 129 (1) ( 384 SE2d 227 ) (1989).
discussed Cited as authority (rule) Angela M. Brown v. Jerome F. D'Anna
Ga. Ct. App. · 2013 · confidence medium
“A voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff.” Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007); see also Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995); Mitchell v. Wyatt, 192 Ga. App. 127, 129 ( 384 SE2d 227 ) (1989).
discussed Cited as authority (rule) Eva Angela Branch v. Dekalb County
Ga. Ct. App. · 2013 · confidence medium
"A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal." (Citation omitted; emphasis in original.) Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007). "[A]t the appellate level, one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing." (Footnote omitted.) Torres v. Elkin, 317 Ga. App. 135, 139 (1) ( 730 SE2d 518 ) (2012).
discussed Cited as authority (rule) Phillip O'Dell v. Roland B. Mahoney
Ga. Ct. App. · 2013 · confidence medium
“A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal.” (Citation omitted; emphasis in original.) Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007). “[A]t the appellate level, one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.” (Footnote omitted.) Torres v. Elkin, 317 Ga. App. 135, 139 (1) ( 730 SE2d 518 ) (2012).
examined Cited as authority (rule) Jason Torres v. Cassandra Elkin (3×) also: Cited "see"
Ga. Ct. App. · 2012 · confidence medium
But this Court again dismissed the appeal on the ground that a plaintiff’s voluntary dismissal of a party is not a decision that a plaintiff may then appeal.3 We further noted that a voluntary dismissal cannot be used to obtain 3 See Waye v. Cont’l Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007); Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995); Mitchell v. Wyatt, 192 Ga. App. 127, 129 (1) ( 384 SE2d 227 ) (1989). 6 appellate review of a ruling entered by the trial court more than 30 days from the filing of the notice of appeal.4 Torres then mov…
examined Cited as authority (rule) Torres v. Elkin (5×) also: Cited "see"
Ga. Ct. App. · 2012 · signal: cf. · confidence medium
Cf. Waye, 289 Ga. App. at 82-84 (dismissing appeal on the grounds that the plaintiff could not render a previous ruling appealable by voluntarily dismissing the remaining defendant); Studdard, 217 Ga. App. at 1-3 (dismissing appeal when the appellant could have appealed two adverse summary judgment rulings when entered); Mitchell, 192 Ga. App. at 127-29 (dismissing appeal on the grounds that the plaintiff could not render a previous ruling appealable by voluntarily dismissing the action).
discussed Cited "see" ANTONIO HILL v. CSX TRANSPORTATION, INC. (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
examined Cited "see" Melanie Lawson v. Darin W. Mitchell, Jr. (4×)
Ga. Ct. App. · 2023 · signal: accord · confidence high
Thus, “a voluntary dismissal is not a decision or judgment that a plaintiff may appeal.” Torres v. Elkin, 317 Ga. App. 135, 139 (1) ( 730 SE2d 518 ) (2012); accord Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
discussed Cited "see" GWINNETT COUNTY, GEORGIA v. KERIA NELSON (2×)
Ga. Ct. App. · 2021 · signal: see · confidence high
See Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007) (dismissing application for interlocutory review due to appellant’s failure to file 1 Under our rules, there are no extensions of time to file applications for interlocutory review.
discussed Cited "see" Vanessa Joyner v. Memorial Health University Medical Center, Inc. (2×)
Ga. Ct. App. · 2020 · signal: accord · confidence high
But “a voluntary dismissal is not a decision or judgment that a plaintiff may appeal.” Torres v. Elkin, 317 Ga. App. 135, 139 (1) ( 730 SE2d 518 ) (2012); accord Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007); Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995).
discussed Cited "see" Joy Barlow v. Thomas J. Morrison (2×)
Ga. Ct. App. · 2019 · signal: accord · confidence high
But “a voluntary dismissal is not a decision or judgment that a plaintiff may appeal.” Torres v. Elkin, 317 Ga. App. 135, 139 (1) ( 730 SE2d 518 ) (2012); accord Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007); Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995).
discussed Cited "see" James Southerland v. Tendercare Clinic, Inc. (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007) (order dismissing one of two defendants was not a final, appealable order); Coley Fertilizer Co. v. Gold Kist, Inc., 174 Ga. App. 471, 471 ( 330 SE2d 597 ) (1985) (same).
discussed Cited "see" Phillip O'Dell v. Roland B. Mahoney (2×)
Ga. Ct. App. · 2013 · signal: accord · confidence high
Accord Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007). 2 The April 17, 2012, order granting BFR’s motion for summary judgment was directly appealable under OCGA § 9-11-56 (h) which provides that “[a]n order granting summary judgment on any issue or as to any party shall be subject to review by appeal.” (Emphasis supplied.) This Court has held that OCGA § 9-11-56 (h) “gives a losing party the right to a direct appeal from an order granting summary judgment on any issue or as to any party even though the judgment is not final under OCGA § 5-6-34 o…
discussed Cited "see" O'Dell v. Mahoney (2×)
Ga. Ct. App. · 2013 · signal: accord · confidence high
Accord Waye v. Continental Special Risks, Inc., 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
discussed Cited "see" Brenda Vennings v. Citimortgage, Inc. (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See generally Waye v. Continental Special Risks, 289 Ga. App. 82, 84 ( 656 SE2d 150 ) (2007).
Waye
v.
Continental Special Risks, Inc.
A08A0159.
Court of Appeals of Georgia.
Dec 7, 2007.
656 S.E.2d 150
2007 Ga. App. LEXIS 1297
Walter D. Adams, for appellant., Young, Thagard, Hoffman, Smith & Lawrence, Matthew R. Lawrence, Groover & Childs, William H. Noland, for appellee.
Blackburn, Ellington, Miller.
Cited by 23 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Court of Appeals of Georgia (1)
Blackburn, Presiding Judge.

In this action involving an alleged breach of an insurance contract, plaintiff Howard Waye appeals the trial court’s orders denying his motion for default judgment and granting defendant Continental Special Risks, Inc.’s (“Continental”) motion to dismiss on the ground that it was never properly served with process. Continental moves to dismiss the appeal, arguing that this Court lacks jurisdiction because there is no final order from which a direct appeal may be taken.

The record shows that on March 25,2004, Waye filed suit against Continental and Georgia Farm Bureau Mutual Insurance Company (“Georgia Farm Bureau”), alleging that the defendants failed to pay[*83] an insurance claim for damage to logging equipment, which was owned by Waye and covered by defendants’ policy. On May 26, 2004, Waye purported to serve both defendants by leaving copies of the complaint with the person in charge of Georgia Farm Bureau’s local corporate office. Georgia Farm Bureau filed its answer within 30 days, but Continental, claiming that it had never been properly served, did not file a special appearance and answer until October 22, 2004.

In July 2005, Continental filed a motion to dismiss on the ground that Waye had failed to properly serve Continental with process. Waye, in turn, moved for a default judgment against Continental. On September 19, 2006, the trial court issued an order denying both motions. A week later, Continental filed a motion for reconsideration. As a result, on September 27, 2006, the trial court did reconsider and granted Continental’s motion to dismiss for failure to perfect service, thus dismissing Continental from the action and leaving Georgia Farm Bureau as the only remaining defendant. On October 3, 2006, the court granted Waye a certificate of immediate review, which allowed him to seek an interlocutory appeal of the dismissal order. However, Waye’s application for interlocutory appeal was not filed within ten days after the grant of the certificate, as required by OCGA § 5-6-34 (b). Consequently, this Court dismissed his application.

Several months later, Waye moved to dismiss Georgia Farm Bureau with prejudice, which the trial court granted on May 15,2007. The day after the trial court entered its order granting Waye’s dismissal of Georgia Farm Bureau, Waye filed a notice of direct appeal. In that notice, Waye specifically stated that he was appealing (i) the trial court’s September 19, 2006 order denying his motion for default judgment and (ii) the court’s September 27, 2006 order granting Continental’s motion for reconsideration of its prior motion to dismiss for failure to perfect service. [1] Shortly after the appeal was docketed, Continental moved to dismiss the appeal on the ground that there is no final order in this matter from which a direct appeal may be taken.

“In every matter coming to this court we are required to examine the record to make certain we possess jurisdiction.” (Punctuation omitted.) Whiddon v. Stargell. 2 Here, Waye’s notice of appeal states that he is appealing the trial court’s September 19, 2006 order denying his motion for default judgment and the September 27, 2006[*84] order granting Continental’s motion to dismiss for failure to perfect service. At the time those orders were originally entered, neither constituted a final adjudication of the case, and thus neither was directly appealable under OCGA § 5-6-34 (a). See Ware v. Handy Storage; [3] Coley Fertilizer Co. v. Gold Kist 4 Recognizing this fact, the trial court granted a certificate of immediate review, which allowed Waye to seek an interlocutory appeal of the order dismissing Continental. However, Waye’s application for interlocutory review was dismissed due to his failure to file the application within ten days of the grant of the certificate. See OCGA § 5-6-34 (b).

Nevertheless, in an effort to directly appeal those September 2006 orders, Waye some months later voluntarily dismissed with prejudice the only remaining defendant from the case, secured an order from the trial court acknowledging the dismissal, and claimed that this dismissal constituted an appealable final adjudication of the matter. We disagree. The fact that Waye’s voluntary dismissal left nothing pending below does not end our inquiry as to whether this Court has jurisdiction over his appeal. “A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal.” (Punctuation omitted; emphasis in original.) Studdard v. Satcher, Chick, Kapfer, Inc. [5] A voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff. See id. “It is axiomatic that at the appellate level one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.” (Punctuation omitted.) Mitchell v. Wyatt.3 45 6 “[Waye] cannot use [his] own voluntary dismissal as the vehicle for appellate review of rulings entered by the trial court more than 30 days from the filing of the notice of appeal.” Studdard, supra, 217 Ga. App. at 3. The fact that the trial court’s September 2006 orders would be reviewable “when enumerated as error on the proper designation of an appealable judgment, does not cure the fatal defect in the notice of appeal arising from the failure to appeal from such a judgment.” (Punctuation omitted; emphasis in original.) Id. Accordingly, we are without jurisdiction to entertain this appeal.

Appeal dismissed.

Miller and Ellington, JJ., concur. [*85] Decided December 7, 2007 Reconsideration denied December 27, 2007 Walter D. Adams, for appellant. Young, Thagard, Hoffman, Smith & Lawrence, Matthew R. Lawrence, Groover & Childs, William H. Noland, for appellee.
1

Waye’s notice of appeal incorrectly describes the September 27, 2006 order as an order which granted summary judgment to Continental. This inaccuracy notwithstanding, it is clear from the record and the parties’ briefs that the focus of the appeal is the trial court’s dismissal of Continental.

2

Whiddon v. Stargell, 192 Ga. App. 826, 827 (386 SE2d 884) (1989).

3

Ware v. Handy Storage, 222 Ga. App. 339 (474 SE2d 240) (1996).

4

Coley Fertilizer Co. v. Gold Kist, 174 Ga. App. 471 (330 SE2d 597) (1985).

5

Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 (456 SE2d 71) (1995).

6

Mitchell v. Wyatt, 192 Ga. App. 127, 129 (1) (384 SE2d 227) (1989).