Hadid v. Beals, 502 S.E.2d 798 (Ga. Ct. App. 1998). · Go Syfert
Hadid v. Beals, 502 S.E.2d 798 (Ga. Ct. App. 1998). Cases Citing This Book View Copy Cite
27 citation events (25 in the last 25 years) across 3 distinct courts.
Strongest positive: Steve Eagleton v. Michigan Motorz (gactapp, 2014-12-12)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 10 distinct citers.
cited Cited as authority (rule) Steve Eagleton v. Michigan Motorz
Ga. Ct. App. · 2014 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
cited Cited as authority (rule) Steve Eagleton v. Athens Marine, Inc.
Ga. Ct. App. · 2014 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
cited Cited as authority (rule) Steve Eagleton v. Malibu Boats, LLC
Ga. Ct. App. · 2014 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
cited Cited as authority (rule) Bertie Distelhurst v. Billy Winn
Ga. Ct. App. · 2014 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
cited Cited as authority (rule) Andre Strickland v. Wells Fargo Bank, N. A. Inc.
Ga. Ct. App. · 2013 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
discussed Cited as authority (rule) SOTTER v. Stephens
Ga. · 2012 · confidence medium
With regard to the July 20, 2010 order, Judge Stephens emphasizes that the order was entitled “Final Order and Judgment.” However, this fact is not dispositive, as “the mere designation of a judgment as ‘final’ is not controlling. [Cit.]” Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
discussed Cited as authority (rule) Yates v. CACV OF COLORADO, LLC
Ga. Ct. App. · 2008 · confidence medium
Co. v. Hicks, 227 Ga. 755 ( 182 SE2d 895 ) (1971). 2 Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998). 3 Rhymes v. East Atlanta Church of God, Inc., 284 Ga. 145, 146-147 ( 663 SE2d 670 ) (2008). 4 Hogan Mgmt.
discussed Cited as authority (rule) Rhymes v. East Atlanta Church of God, Inc.
Ga. · 2008 · confidence medium
The order adopting the special master’s report was denominated “Final Judgment and Order.” Under the express language of OCGA § 9-11-54 (b), however, “the mere designation of a judgment as ‘final’ is not controlling. [Cit.]” Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
cited Cited as authority (rule) Clark v. BOARD OF REGENTS, UNIV. OF GA.
Ga. Ct. App. · 2001 · confidence medium
Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998); Knowles v. Old Spartan Life Ins.
discussed Cited "see" Wilbert Alexander Carter v. Georgia Department of Public Safety (2×)
Ga. Ct. App. · 2015 · signal: see · confidence high
See Hadid v. Beals, 233 Ga. App. 5, 6 ( 502 SE2d 798 ) (1998).
HADID
v.
BEALS Et Al.
A98A0184.
Court of Appeals of Georgia.
Jun 17, 1998.
502 S.E.2d 798
Baylor B. Banks, for appellant., Ragsdale, Beals, Hooper & Seigler, Gary W. Hatch, Kilpatrick Stockton, William F. Long III, for appellees.
Ruffin, Pope, Beasley.
Cited by 14 opinions  |  Published
Ruffin, Judge.

Mohamad Hadid directly appeals the trial court’s order granting judgment to defendants D. Kent Beals and Joseph Lett. Because we find that the trial court’s order was interlocutory, we dismiss the appeal.

The record shows that Hadid obtained a consent judgment against Atlanta Travel Service, Inc. (“ATS”). During postjudgment discovery, Hadid learned that ATS’s only asset was an office safe which could not be located. Hadid filed the instant action seeking to pierce ATS’s corporate veil and hold ATS’s shareholders, Beals and Lett, liable for the consent judgment. Beals and Lett answered the complaint and admitted both the existence of the consent order and that they were shareholders. Beals also filed a counterclaim against Hadid in which he alleged that Hadid was hable for abusive litigation “pursuant to O.C.G.A. §§ 51-7-80 through 51-7-85” and 9-15-14.

When the case was called for trial, Lett moved to dismiss based on a lack of personal jurisdiction and both defendants moved to dismiss based on res judicata. After reviewing responsive materials[*6] filed by Hadid, the trial court entered judgment in favor of both defendants on Hadid’s complaint. Although the trial court referred to the judgment as a “final judgment,” the court did not resolve Beals’ counterclaim. Hadid filed this direct appeal asserting that the trial court erred in granting judgment to the defendants.

Decided June 17, 1998. Baylor B. Banks, for appellant. Ragsdale, Beals, Hooper & Seigler, Gary W. Hatch, Kilpatrick Stockton, William F. Long III, for appellees.

In light of Beals’ pending counterclaim, [1] the trial court’s judgment is interlocutory, and because Hadid filed a direct appeal, we have no jurisdiction to consider the matter. See Hogan Mgmt. Svcs., P. C. v. Martino, 225 Ga. App. 168 (2) (483 SE2d 148) (1997). In this regard, OCGA § 9-11-54 (b) provides that “[w]hen more than one claim for relief is presented in an action, whether as a claim, counterclaim, cross-claim, or third-party claim, or when multiple parties are involved, the court may direct the entry of final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action. . . .” (Emphasis supplied.) Under this Code section, the mere designation of a judgment as “final” is not controlling. See Eckland v. Hale & Eckland, P.C., 231 Ga. App. 278 (498 SE2d 358) (1998). OCGA § 9-11-54 (b) clearly requires that there must be “an express determination that there is no just reason for delay.” See id.; Martino, supra.

Because the trial court’s order in this case is devoid of any such express determination, and Hadid failed to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b), we do not have jurisdiction and accordingly dismiss the appeal. See Eckland, supra.

Appeal dismissed.

Pope, P. J., and Beasley, J., concur.
1

Our decision here does not address the viability or merits of Beals’ abusive litigation counterclaim which he purportedly filed pursuant to OCGA §§ 51-7-80 through 51-7-85, and 9-15-14.