Cornelius v. Finley, 418 S.E.2d 815 (Ga. Ct. App. 1992). · Go Syfert
Cornelius v. Finley, 418 S.E.2d 815 (Ga. Ct. App. 1992). Cases Citing This Book View Copy Cite
54 citation events (44 in the last 25 years) across 1 distinct court.
Strongest positive: Shane Wahner v. Franklin Gateway Opportunity Capital, LLC (gactapp, 2025-09-15)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
discussed Cited as authority (rule) Shane Wahner v. Franklin Gateway Opportunity Capital, LLC
Ga. Ct. App. · 2025 · confidence medium
Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered).
discussed Cited as authority (rule) JUAN RAMIREZ v. JIONEL E. PIERRE AS ASSIGNEE OF CADENAS VENTURES, LLC
Ga. Ct. App. · 2025 · confidence medium
Hickey v. RREF BB SBL Acquisitions, LLC, 336 Ga. App. 411, 412 (1) ( 785 SE2d 72 ) (2016); Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered) (emphasis omitted).
discussed Cited as authority (rule) David Nezbeda v. Nathan Q. Wallace
Ga. Ct. App. · 2022 · confidence medium
Orders imposed pursuant to OCGA § 9-11-37 based on a party’s failure to comply with discovery generally are “not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1).” Cornelius v. Finley, 204 Ga. App. 299, 300 ( 418 SE2d 815 ) (1992); see Eidson v. Croutch, 337 Ga. App. 542, 545 , ( 788 SE2d 129 ) (2016) (holding that an attorney fee order issued prior to final judgment was not directly appealable).
discussed Cited as authority (rule) James Hugh Potts II v. William Glenwood Clowdis, Jr.
Ga. Ct. App. · 2021 · confidence medium
Under OCGA § 5-6-34 (a) (1), appeals generally may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below.” Here, the trial court’s November 3 order is not a final order, as the case remains pending in the trial court.1 Consequently, Potts was required to use the interlocutory appeal procedures – including obtaining a certificate of immediate review from the 1 Cf. Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of t…
discussed Cited as authority (rule) Greg Holland v. Guaranty Solutions Recovery Fund 1, LLC
Ga. Ct. App. · 2021 · signal: cf. · confidence medium
Cf. Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered).
discussed Cited as authority (rule) Charles C. Black v. Preston J. Dixon
Ga. Ct. App. · 2021 · confidence medium
Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post-judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered).
discussed Cited as authority (rule) Sparkles of Gwinnett, Inc. v. Tenita Hendrix
Ga. Ct. App. · 2018 · confidence medium
See Avco Lycoming v. Newton Aero, Inc., 146 Ga. App. 609, 610 ( 247 SE2d 135 ) (1978); accord Conseco Finance Servicing Corp. v. Hill, 252 Ga. App. 774, 774-775 (1) ( 556 SE2d 468 ) (2001) (an order denying a motion to set aside a default judgment is not final where the case remains pending against other defendants); Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (an order compelling post- judgment discovery “is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1),” where disputed discovery remains unanswered).
discussed Cited as authority (rule) Pamela Hatcher Stuart v. William G. Hatcher, Jr.
Ga. Ct. App. · 2017 · confidence medium
See Eidson v. Croutch, 337 Ga. App. 542, 544 ( 788 SE2d 129 ) (2016) (because the transfer order was a continuation of the same proceeding and not final, the attorney fees order was not immediately appealable); Cornelius v. Finley, 204 Ga. App. 299, 300 ( 418 SE2d 815 ) (1992).
discussed Cited as authority (rule) William G. Hatcher, Jr. v. Pamela Hatcher Stuart
Ga. Ct. App. · 2017 · confidence medium
However, sanctions imposed based on a failure to comply with discovery generally are “not final in the sense of being dispositive of the case, as contemplated by O.C.G.A. § 5-6-34 (a) (1).” Cornelius v. Finley, 204 Ga. App. 299, 300 ( 418 SE2d 815 ) (1992); see also Eidson v. Croutch, 337 Ga. App. 542, 544 ( 788 SE2d 129 ) (2016) (because the transfer order was a continuation of the same proceeding and not final, the attorney fees order was not immediately appealable).
discussed Cited as authority (rule) PRESTON ELLIOTT D/B/A THE ELLIOTT GROUP v. FLORENCE SMITH
Ga. Ct. App. · 2016 · confidence medium
Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (because post-judgment discovery remained in dispute, the trial court's order on that issue was subject to interlocutory application requirements even though it was issued after the final judgment on the merits of the case); see also Sipple v. Atwood, 223 Ga. App. 677, 677-678 ( 478 SE2d 473 ) (1996).
discussed Cited as authority (rule) Major Fortson v. Render C. Freeman
Ga. Ct. App. · 2012 · confidence medium
Cornelius v. Finley, 204 Ga. App. 299, 300-01 ( 418 SE2d 815 ) (1992); Sipple v. Atwood, 223 Ga. App. 677, 677-678 ( 478 SE2d 473 ) (1996); and see Esasky v. Forrest, 231 Ga. App. 488, 489 ( 499 SE2d 413 ) 1 Fortson has filed a petition for certiorari, which is currently pending in the Supreme Court. (1998) (application for interlocutory appeal from the trial court’s order granting post- judgment motion to compel discovery).
discussed Cited as authority (rule) Major Fortson v. Render C. Freeman
Ga. Ct. App. · 2012 · confidence medium
Cornelius v. Finley, 204 Ga. App. 299, 300-01 ( 418 SE2d 815 ) (1992); Sipple v. Atwood, 223 Ga. App. 677, 677-678 ( 478 SE2d 473 ) (1996); and see Esasky v. Forrest, 231 Ga. App. 488, 489 ( 499 SE2d 413 ) 1 Fortson has filed a petition for certiorari, which is currently pending in the Supreme Court. (1998) (application for interlocutory appeal from the trial court’s order granting post- judgment motion to compel discovery).
examined Cited "see" Nina Matthews v. Merbaum Law Group, P.C. (4×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992).
examined Cited "see" HICKEY Et Al. v. RREF BB SBL ACQUISITIONS, LLC (3×)
Ga. Ct. App. · 2016 · signal: see · confidence high
See Cornelius v. Finley, 204 Ga. App. 299, 300-301 ( 418 SE2d 815 ) (1992) (accord).
examined Cited "see" Southside Greenspace Initiative, LLC v. Res-Ga Two, LLC (3×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Cornelius v. Finley, 204 Ga. App. 299 ( 418 SE2d 815 ) (1992). “[T]he disputed discovery remains unanswered, and therefore, matters remain pending in the case.” Id. at 301 Accordingly, Case No. A14A0494 is DISMISSED for failure to comply with the interlocutory procedures set forth in OCGA § 5-6-34 (b).
examined Cited "see" Scott and Sons Holdings, LLC v. Res-Ga Two, LLC (3×)
Ga. Ct. App. · 2014 · signal: see · confidence high
See Cornelius v. Finley, 204 Ga. App. 299 ( 418 SE2d 815 ) (1992). “[T]he disputed discovery remains unanswered, and therefore, matters remain pending in the case.” Id. at 301 Accordingly, Case No. A14A0494 is DISMISSED for failure to comply with the interlocutory procedures set forth in OCGA § 5-6-34 (b).
examined Cited "see, e.g." Johnson & Johnson v. Kaufman (4×)
Ga. Ct. App. · 1997 · signal: see also · confidence low
See OCGA § 5-6-34; see also Cornelius v. Finley, 204 Ga.App. 299 , 418 S.E.2d 815 (1992).
Retrieving the full opinion text from the archive…
CORNELIUS
v.
FINLEY
A92A0274.
Court of Appeals of Georgia.
May 20, 1992.
418 S.E.2d 815
1992 Ga. App. LEXIS 748
James Cornelius, pro se., Rich, Bass, Kidd & Witcher, Merck K. Smith, for appellee.
Andrews.
Cited by 22 opinions  |  Published
Andrews, Judge.

This is the second appearance of this landlord/tenant dispute before this court. The first appearance of this case was Cornelius v. Finley, 202 Ga. App. 192 (413 SE2d 491) (1991), in which we affirmed the judgment of $9,100.41 plus court costs in favor of Finley.

This appeal arose after Finley filed a motion for a supersedeas bond, which was granted. No bond was filed and on April 24, 1991, Finley filed post-judgment interrogatories. Cornelius filed no answer to the discovery, but filed a motion for a protective order on June 3, 1991. The trial court denied this motion on June 24, 1991. On August 7, 1991, Finley filed a motion for a citation for contempt against Cor[*300] nelius, seeking responses to the interrogatories. On August 29, 1991, the trial court entered an order stating that defendant Cornelius had failed to appear for the hearing of the contempt motion and ordering Cornelius to respond to the post-judgment interrogatories within ten days. From this order Cornelius filed a notice of appeal on September 12, 1991 seeking to appeal, among other issues, the decision regarding his interrogatory responses.

At the outset, it is necessary to ascertain whether this case is properly before this court. Pretermitting the issue of whether the fact that the judgment was for less than $10,000 and pretermitting the issue of whether the trial court had jurisdiction to enter the order, we find that the appeal must be dismissed since the direct appeal of this order was improper.

Orders regarding interrogatories which are promulgated during the pendency of a lawsuit generally are not directly appealable; in order to appeal these orders the application procedures outlined in OCGA § 5-6-34 (b) must be followed. Louisville & Nashville R. Co. v. Clark, 114 Ga. App. 755 (152 SE2d 694) (1966); American Express Co. v. Yondorf, 169 Ga. App. 498 (313 SE2d 756) (1984).

In the context of orders under OCGA § 9-11-37 regarding post-judgment discovery pursuant to OCGA § 9-11-69, the law is less clear and we are unable to find any cases which directly address the procedure for appealing these orders. In Barton v. Anthony, 194 Ga. App. 500 (391 SE2d 25) (1990), this court noted “[t]here appears to be a conflict in the decisions of this court regarding whether post-judgment discovery orders are directly appealable pursuant to OCGA § 5-6-34. See Custom Form Mfg. Co. v. Miller, 157 Ga. App. 410 (278 SE2d 69) (1981); Petty v. Chrysler Credit Corp., 169 Ga. App. 418 (312 SE2d 874) (1984); Miller v. U. S. Shelter Corp., 179 Ga. App. 469 (347 SE2d 251) (1986).” See also Chambers v. McDonald, 161 Ga. App. 380 (288 SE2d 641) (1982).

OCGA § 5-6-34 (a) outlines the judgments and rulings from which an appeal may be directly taken and OCGA § 5-6-34 (b) outlines the procedure for matters which are not otherwise subject to direct appeal. We do not read any provision under OCGA § 5-6-34 (a) as authorizing a direct appeal in the instant situation. The order Cornelius seeks to appeal is not directly appealable, because it is not final in the sense of being dispositive of the case, as contemplated by OCGA § 5-6-34 (a) (1). The trial court did not find Cornelius in contempt of court, as requested by Finley’s motion, see, e.g., Ostroff v. Coyner, 187 Ga. App. 109 (6) (369 SE2d 298) (1988); Payne v. Presley, 169 Ga. App. 36, 37 (311 SE2d 849) (1983), but simply ordered him to respond to the discovery within ten days. Depending on Cornelius’ response to the finite period mandated in the order, the order may, or may not, be the last order entered in the case. Compare Mil[*301] lholland v. Oglesby, 223 Ga. 230 (154 SE2d 194) (1967). From the record before us, it appears that the disputed discovery remains unanswered, and therefore, matters remain pending in the case. The mere fact of the order’s chronological placement in the case does not convert it into one which may be appealed directly. Compare Robinson v. Robinson, 174 Ga. App. 656 (331 SE2d 8) (1985). Because the trial court’s order is not final, it is therefore appealable only by compliance with OCGA § 5-6-34 (b).

Decided May 20, 1992. James Cornelius, pro se. Rich, Bass, Kidd & Witcher, Merck K. Smith, for appellee.

Cornelius appears to argue that the enumerations he sets forth in this appeal should be consolidated with his previous appeal. OCGA § 5-6-34 (d) states that where an appeal is taken, “all judgments, rulings, or orders rendered in the case which are raised on appeal and which may affect the proceedings below shall be reviewed and determined by the appellate court, without regard to the appealability of the judgment, ruling, or order standing alone and without regard to whether the judgment, ruling or order appealed from was final or was appealable by some other express provision of law contained in this Code section, or elsewhere.” (Emphasis supplied.) The most obvious reason to reject Cornelius’ argument to consolidate is that the matters enumerated as error in this appeal were set forth months after the errors enumerated in Cornelius, 202 Ga. App. 192, supra, and were not raised in any manner in that appeal. In fact, our decision in Cornelius, supra, was decided one month before Cornelius filed his enumerations of error in this case. Cornelius’ contention that this appeal should be combined with his earlier one is erroneous.

Appeal dismissed.

Birdsong, P. J., and Beasley, J., concur.