Silver Comet Terminal Partners, LLC v. Paulding Cnty. Airport Auth.

• Decision Date: 03 March 2023
• Docket Number: A22A1355
• Parties: SILVER COMET TERMINAL PARTNERS, LLC v. PAULDING COUNTY AIRPORT AUTHORITY et al.
• Court: Georgia Court of Appeals

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SILVER COMET TERMINAL PARTNERS, LLC
v.
PAULDING COUNTY AIRPORT AUTHORITY et al.

No. A22A1355

Court of Appeals of Georgia, Third Division

March 3, 2023

MILLER, P. J., DOYLE, P. J., and SENIOR APPELLATE JUDGE PHIPPS

DOYLE, PRESIDING JUDGE.

Silver Comet Terminal Partners, LLC ("Silver Comet"), appeals from an order of the Superior Court of Paulding County, which dismissed Silver Comet's amended cross-claim, denied Silver Comet's motion to substitute parties, and denied as moot Silver Comet's motion for summary judgment on its amended cross-claim against Paulding County Airport Authority (the "Authority"). We dismiss this appeal as premature, for the reasons that follow.

In 2015, Appellee Paulding County (the "County") filed the underlying action against the Authority, seeking a declaration that the Authority could not move forward with an application for a commercial airport operating certificate from the

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Federal Aviation Administration ("FAA") without the County's consent. Silver Comet intervened and filed a counterclaim against the County for declaratory relief and seeking damages pursuant to 42 USC § 1983. The County amended its complaint to add claims against Silver Comet, including a claim for breach of contract.^[1]

Silver Comet filed an amended cross-claim against the Authority, seeking indemnification. The Authority moved to dismiss the amended cross-claim on the ground that it was barred either by res judicata or the prior-action-pending doctrine. Silver Comet moved for summary judgment on its amended cross-claim.

After hearing oral argument, the superior court granted the Authority's motion to dismiss the cross-claim, denied Silver Comet's motion to substitute or join the County as a defendant on the cross-claim, and denied as moot Silver Comet's motion for summary judgment on the cross-claim. Silver Comet appeals from this order.

The Authority has moved to dismiss the appeal on the ground that it is premature. We agree.

In a case involving multiple parties or multiple claims, a decision adjudicating fewer than all the claims or the rights and liabilities of less

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than all the parties is not a final judgment. In such circumstances, there must be an express determination under OCGA § 9-11-54 (b) or there must be compliance with the interlocutory appeal requirements of OCGA § 5-6-34 (b) Where neither of these code sections are followed, the appeal is premature and must be dismissed.^[2]

Here, the County's claims remain pending below, and the trial court did not direct the entry of final judgment in accordance with OCGA § 9-11-54 (b). However, Silver Comet argues that...