Edokpolor v. Grady Memorial Hospital Corp.Annotate this Case
In 2010, Patrick Edokpolor and Linda Iyahea filed a lawsuit against Grady Memorial Hospital Corporation for the wrongful death of their decedent, Rose Edokpolor. Grady failed to waive formal service of process, and in 2013, the trial court granted a motion under OCGA 9-11-4 for an award of the expenses that plaintiffs incurred in perfecting service. The trial court, however, reserved the amount of the award for determination at a later date. In October 2014, the trial court entered summary judgment in favor of Grady, but it continued to reserve the amount of the expenses of service award. Three months later, plaintiffs filed a motion to reconsider and modify the summary judgment, asserting that the case was still pending (and the summary judgment was only interlocutory and, therefore, subject to reconsideration and modification) because the award of expenses remained outstanding. In September 2015, the trial court entered an order establishing the amount of the expenses to which plaintiffs were entitled, but concluding that summary judgment was final and no longer subject to reconsideration or modification. Plaintiffs appealed, arguing the trial court erred when it awarded summary judgment to Grady, and arguing that summary judgment still was appealable because the expenses award remained outstanding until September 2015. The Court of Appeals disagreed and dismissed the appeal, concluding that the reserved issue about expenses under OCGA 9-11-4 (d) (4) was “ancillary” to the case and, therefore, the summary judgment was a final judgment that had to be appealed within 30 days. The Georgia Supreme Court reversed: because this reserved issue remained pending at the time the trial court awarded summary judgment to Grady, the summary judgment was not a “final judgment[ ]” under OCGA 5-6-34 (a) (1), and plaintiffs were not required to bring their appeal within 30 days of that judgment.