Studdard v. Satcher, Chick, Kapfer, Inc., 456 S.E.2d 71 (Ga. Ct. App. 1995). · Go Syfert
Studdard v. Satcher, Chick, Kapfer, Inc., 456 S.E.2d 71 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
“it is incumbent upon us, even without prodding by the parties, to inquire in our jurisdiction over this appeal. in every matter coming to this court, we are required to examine the record to make certain we possess jurisdiction.”
91 citation events (64 in the last 25 years) across 3 distinct courts.
Strongest positive: OMNI HEALTHCARE, LLC v. STACY YOUNG EXCAVATION, INC. (gactapp, 2025-09-30)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 29 distinct citers.
discussed Cited as authority (quoted) OMNI HEALTHCARE, LLC v. STACY YOUNG EXCAVATION, INC. (2×) also: Cited "see"
Ga. Ct. App. · 2025 · 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 (quoted) GWENDOLYN D. DYKES v. ATLANTA PAVING & CONCRETE CONSTRUCTION, INC. (2×) also: Cited "see"
Ga. Ct. App. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is incumbent upon us, even without prodding by the parties, to inquire in our jurisdiction over this appeal. in every matter coming to this court, we are required to examine the record to make certain we possess jurisdiction.
discussed Cited as authority (quoted) Clark v. Atlanta Independent School System (2×) also: Cited as authority (rule)
Ga. Ct. App. · 2011 · quote attribution · 1 verbatim quote · confidence low
direct appeals from orders granting partial or complete summary judgment may be taken either within 30 days of rendition of the judgment or after the rendition of the final judgment in the case.
examined Cited as authority (quoted) Lops v. Lops (2×)
11th Cir. · 1998 · quote attribution · 2 verbatim quotes · confidence low
e have found no cases which clearly hold that a voluntary dismissal with prejudice constitutes a "final judgment' as that term is used in the appellate practice act.
examined Cited as authority (quoted) Lops v. Lops (2×)
11th Cir. · 1998 · quote attribution · 2 verbatim quotes · confidence low
e have found no cases which clearly hold that a voluntary dismissal with prejudice constitutes a 'final judgment' as that term is used in the appellate practice act.
cited Cited as authority (rule) PACES FUNDING, LLC v. JOSEPH DEAN TILMAN IV
Ga. Ct. App. · 2026 · confidence medium
Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995).
discussed Cited as authority (rule) Kavita Rampersad v. the Plantation at Bay Creek Homeowners Association, Inc.
Ga. Ct. App. · 2025 · confidence medium
We decline Rampersad’s invitation. 7 Inasmuch as a party cannot “appeal from [a claim] which has been terminated by her own hand[,]” Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995), this enumeration is wholly without merit.10 2.
discussed Cited as authority (rule) In THE INTEREST OF N. G., CHILDREN (MOTHER)
Ga. Ct. App. · 2024 · confidence medium
In every matter coming to this [C]ourt we are required to examine the record to make certain we possess jurisdiction.” Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995) (citation and punctuation omitted).
discussed Cited as authority (rule) PACES FUNDING, LLC v. JOSEPH DEAN TILMAN, IV (2×) also: Cited "see, e.g."
Ga. Ct. App. · 2024 · confidence medium
Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995).
examined Cited as authority (rule) In RE ESTATE OF WILLIE MAE JAMES A/K/A WILLIE MAE BROCKINGTON JAMES (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2022 · confidence medium
This is so because “one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.” Studdard, 217 Ga. App. at 3 (punctuation omitted).
discussed Cited as authority (rule) Vanessa Joyner v. Memorial Health University Medical Center, Inc. (2×)
Ga. Ct. App. · 2020 · confidence medium
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 as authority (rule) Joy Barlow v. Thomas J. Morrison (2×)
Ga. Ct. App. · 2019 · confidence medium
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).
examined Cited as authority (rule) Torres v. Elkin (4×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2012 · confidence medium
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).
examined Cited as authority (rule) Jason Torres v. Cassandra Elkin (3×) also: Cited "see, e.g."
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…
discussed Cited as authority (rule) Trey Inman & Associates, P.C. v. Bank of America, N.A.
Ga. Ct. App. · 2010 · confidence medium
Co. v. Roberts, 179 Ga. App. 169, 170 (2) ( 345 SE2d 683 ) (1986). 7 Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995). 8 Roberts v. Windsor Credit Svcs., 301 Ga. App. 393, 395 (1) ( 687 SE2d 647 ) (2009). 9 Maryland Cas.
discussed Cited as authority (rule) Fulton County v. T-Mobile South, LLC
Ga. Ct. App. · 2010 · confidence medium
See Consolidated Govt. of Columbus v. Barwick, 274 Ga. 176, 177 (1) ( 549 SE2d 73 ) (2001) (petitions for certiorari and mandamus sought review of city’s decision not to renew alcoholic beverage license and superior court, in ruling on such petitions, reviewed the decision of a local administrative agency; thus, application for discretionary appeal was required). 13 Cf. Chatham County Bd. of Tax Assessors v. Emmoth, 278 Ga. 144, 146, n. 3 ( 598 SE2d 495 ) (2004) (cases involving ad valorem taxes are excepted from appeal by application by OCGA § 5-6-35 (a) (1), even though they involve appea…
cited Cited as authority (rule) Davis v. Deutsche Bank National Trust Co.
Ga. · 2009 · confidence medium
Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995).
discussed Cited as authority (rule) Waye v. Continental Special Risks, Inc.
Ga. Ct. App. · 2007 · confidence medium
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).
discussed Cited as authority (rule) Meister v. Brock
Ga. Ct. App. · 2004 · confidence medium
As we have observed in the past, even a voluntary dismissal with prejudice filed by the plaintiff is not “a judgment (or other order) rendered by a court having jurisdiction over the matter.” Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 2-3 ( 456 SE2d 71 ) (1995).
cited Cited as authority (rule) Bullock v. Sand
Ga. Ct. App. · 2003 · confidence medium
OCGA §§ 5-6-34 (d); 5-6-35 (a) (1); Studdard v. Satcher, Chick &c., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995).
discussed Cited as authority (rule) Mindis Acquisition Corp. v. BDO Seidman, LLP
Ga. Ct. App. · 2002 · confidence medium
“Direct appeals from orders granting partial or complete summary judgment may be taken either within 30 days of rendition of the judgment or after the rendition of the final judgment in the case.” Studdard, v. Satcher, Chick &c., Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995).
discussed Cited as authority (rule) Atlanta Journal-Constitution v. Jewell
Ga. Ct. App. · 2001 · confidence medium
Agencies, 224 Ga. App. 507, 508 ( 481 SE2d 246 ) (1997) (where issues are not ruled upon by the trial court, they are outside the jurisdiction of this Court); Sharpnack v. Hoffinger Indus., 223 Ga. App. 833, 836 (3) ( 479 SE2d 435 ) (1996) (trial court’s failure to grant or deny motion for summary judgment leaves this Court with no jurisdiction to consider the issues raised by the motion). 46 Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995). 47 St.
discussed Cited as authority (rule) Young v. Turner Heritage Homes, Inc.
Ga. Ct. App. · 1999 · confidence medium
The normal rules that would allow a direct appeal from an order granting summary judgment to be taken either within 30 days of rendition of the judgment or after the rendition of the final judgment in the case (see Studdard v. Satcher, Chick &c., Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ) (1995), do not apply.
discussed Cited as authority (rule) National Foundation Co. v. Post, Buckley, Schuh & Jernigan, Inc.
Ga. Ct. App. · 1995 · confidence medium
“Direct appeals from orders granting partial or complete summary judgment may be taken either within 30 days of rendition of the judgment or after the rendition of the final judgment in the case.” Studdard v. Satcher &c., Inc., 217 Ga. App. 1, 2 ( 456 SE2d 71 ).
discussed Cited as authority (rule) Stringer v. Harkleroad & Hermance
Ga. Ct. App. · 1995 · confidence medium
“It is axiomatic that at the appellate level, one cannot complain *704 of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.” (Punctuation omitted.) Studdard v. Satcher, Chick, Kapfer, 217 Ga. App. 1, 3 ( 456 SE2d 71 ).
discussed Cited "see" MATEO F. MUNOZ v. FULTON COUNTY PATRICK LABAT (2×)
Ga. Ct. App. · 2024 · signal: accord · confidence high
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 "see" McKesson Corp. v. Green (2×)
Ga. Ct. App. · 2007 · signal: see · confidence high
See Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995); Mitchell v. Wyatt, 192 Ga. App. 127, 129 (384 *112 SE2d 227) (1989).
discussed Cited "see, e.g." STATE OF GEORGIA v. DECATUR COUNTY-BAINBRIDGE INDUSTRIAL DEVELOPMENT AUTHORITY (2×)
Ga. Ct. App. · 2024 · signal: see also · confidence medium
See also Studdard v. Satcher, Chick, Kapfer, Inc., 217 Ga. App. 1, 3 ( 456 SE2d 71 ) (1995) (same); Bagwell v. Hunt, 174 Ga. App. 148, 149 (2) ( 329 SE2d 215 ) (1985) (dismissing cross-appeal “as the order appealed from was favorable to [the cross-appellant], thus providing no basis for appeal[ ]”). 4 See Kelly v. State, 315 Ga. 444, 445 (1) n.2 ( 883 SE2d 363 ) (2023) (citing Bivens v. Todd, 222 Ga. 84, 85 ( 148 SE2d 424 ) (1966), for the principle that a party’s appeal must be dismissed when it is brought from a judgment that was completely favorable to him). 3
discussed Cited "see, e.g." Angela M. Brown v. Jerome F. D'Anna (2×)
Ga. Ct. App. · 2013 · signal: see also · 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).
Studdard
v.
Satcher, Chick, Kapfer, Inc.
A94A2404.
Court of Appeals of Georgia.
Mar 13, 1995.
456 S.E.2d 71
Davis, Matthews & Quigley, Frank A. Devincent, J. Charles Olderman, for appellant., Erck, Dever & Merlin, Theodore A. Erck, Jr., H. Michael Dever, Douglas M. Robinson, for appellee.
Pope, McMurray, Smith.
Cited by 29 opinions  |  Published
5 passages pin-cited by 5 cases
Pinpoint authority: #35,575 of 633,719
Citer courts: Eleventh Circuit (4) · Court of Appeals of Georgia (3)
Pope, Presiding Judge.

Plaintiff, a former stockholder, employee, officer and director of defendant corporation, brought suit against defendant alleging breach of the parties’ Purchase and Sale Agreement (Agreement). Defendant answered and counterclaimed, contending that plaintiff breached the non-solicitation provision of the Agreement. Plaintiff filed a motion for partial summary judgment, seeking to have the liquidated damages provision of the Agreement declared unenforceable as a penalty. Defendant responded and moved for partial summary judgment on this issue (i.e., that the trial court uphold the enforceability of the disputed provision). On November 6, 1992, the trial court entered an order upholding the liquidated damages provision. On March 25, 1993, defendant filed a motion for summary judgment, arguing that the undisputed material facts showed plaintiff had breached the non-solicitation provision of the Agreement. The trial court granted this motion on May 25, 1993.

On July 28, 1993, the parties filed a document styled “Settlement Agreement” pertaining to Counts I and II of plaintiff’s complaint and amended complaint. On November 1, 1993, plaintiff filed a “Dismissal with Prejudice of Counts I and II of Plaintiff’s Amended and Substituted Complaint” (dismissal). This document was dated October 29, 1993, and provided, in part, that “[p]ursuant to the terms of the Settlement Agreement, this dismissal with prejudice constitutes a ‘Final Judgment’ in the above styled case for all purposes including OCGA[*2] § 5-6-30 et seq.” On November 3, 1993, plaintiff filed her original notice of appeal, wherein she recited that she was appealing “from the Final Judgment dated October 29, 1993.” On December 13, 1993, plaintiff filed an amended notice of appeal, stating that she was appealing “from the Dismissal with Prejudice of Counts I and II of Plaintiff’s Amended and Substituted Complaint (the ‘Dismissal’) dated October 29, 1993.”

Plaintiff subsequently filed her enumerations of error and brief to this court. In four separate enumerations and supporting argument in her brief, plaintiff challenges the trial court’s grant of partial summary judgment to defendant on the issue of the enforceability of the liquidated damages provision. No issues other than those pertaining to the enforcement of the liquidated damages provisions are raised. [1]

It is incumbent upon us, even without prodding by the parties, to inquire into our jurisdiction over this appeal. “ ‘In every matter coming to this court we are required to examine the record to make certain we possess jurisdiction.’ [Cits.]” Whiddon v. Stargell, 192 Ga. App. 826, 827 (386 SE2d 884) (1989).

Direct appeals from orders granting partial or complete summary judgment may be taken either within 30 days of rendition of the judgment or after the rendition of the final judgment in the case. See Olympic Dev. Group v. American Druggists’ Ins. Co., 175 Ga. App. 425 (1) (333 SE2d 622) (1985); OCGA §§ 9-11-56 (h); 5-6-34 (d). Plaintiff did not seek to appeal the trial court’s grant of partial summary judgment to defendant within 30 days of rendition, but instead waited to challenge that order until she voluntarily dismissed portions of her complaint. The question, of course, is whether plaintiff’s voluntary dismissal with prejudice constitutes a final, appealable judgment for purposes of this appeal.

OCGA § 5-6-34 (a) provides “Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts,... (1) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35 [providing for discretionary review of certain cases].” (Emphasis supplied.) Although plaintiff recited in her dismissal that it was intended to constitute a final judgment in this case, we are not bound by this denomination. [2] On its face, plaintiff’s voluntary dismissal was neither a judgment (or other order) ren[*3] dered by a court having jurisdiction over the matter nor a “final disposition” of the case, in that the dismissal expressly pertained only to the first two counts of plaintiff’s complaint. However, even assuming that this voluntary dismissal left nothing pending below, and should, therefore, be considered the “final disposition” in this case, see Marchman &c. v. Nelson, 251 Ga. 475 (306 SE2d 290) (1983), this finding does not end our inquiry. A notice of appeal must be filed from an “appealable decision or judgment” (emphasis supplied) OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal. In other words, in addition to finality, the order or judgment must be appealable by the party filing the notice of appeal. That is, in our opinion, the jurisdictional defect in this case.

Although the enumerations in this case pertain to the partial grant of summary judgment, the only document filed within 30 days of the filing of the notice of appeal was plaintiff’s voluntary dismissal with prejudice, and both the original and amended notice of appeal reference only that document as the order appealed from. In Mitchell Wyatt, 192 Ga. App. 127, 129 (1) (384 SE2d 227) (1989), this court dismissed an appeal from a voluntary dismissal without prejudice, reasoning that a party cannot appeal rulings it has procured. We think that analysis is applicable to the present case. “Here, there was no objection to the dismissal nor [apparently] were there any claims surviving for adjudication; therefore, plaintiff seeks to appeal from an action which has been terminated by her own hand. ‘It is axiomatic that at the appellate level “ ‘(o)ne cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.’ ” (Cit.)’ [Cit.]” Id. at 129. It is clear to us that plaintiff cannot use her 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. “ ‘The fact that an appealable judgment is shown to exist, or that the antecedent ruling . . . 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. Accordingly, this court is without jurisdiction to entertain the appeal.’ (Emphasis supplied.) [Cits.] [We would further note that t]he case before us readily is distinguishable from those instances, where the faulty notice of appeal fails to specify definitely the judgment, and thus can be revitalized by the protective ambit of OCGA § 5-6-48 (f). Rather, the order in this case specifically designates that the appeal is to be taken from what happens to be a nonappealable order.” Whiddon v. Stargell, 192 Ga. App. at 828. Cf. Young Constr. v. Old Hickory House #3, 210 Ga. App. 559 (1) (436 SE2d 581) (1993) (where notice of appeal did not clearly reflect on its face that the appeal was being taken from a non-appealable order or judgment).

[*4] Decided March 13, 1995 Reconsideration denied March 28, 1995 Davis, Matthews & Quigley, Frank A. Devincent, J. Charles Olderman, for appellant. Erck, Dever & Merlin, Theodore A. Erck, Jr., H. Michael Dever, Douglas M. Robinson, for appellee.

Appeal dismissed.

McMurray, P. J., and Smith, J., concur.
1

This issue appears to pertain to Count III of plaintiff’s amended complaint and to Count I of defendant’s counterclaim.

2

Although our Supreme Court has held that a voluntary dismissal with prejudice constitutes a judgment on the merits for purposes of res judicata, Fowler v. Vineyard, 261 Ga. 454, 456 (2) (405 SE2d 678) (1991), we have found no cases which clearly hold that a voluntary dismissal with prejudice constitutes a “final judgment” as that term is used in the appellate practice act.