Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 27, 2017
The Court of Appeals hereby passes the following order:
A17D0274. ALBERT G. HILL, III v. MHTE-DD, LLC.
MHTE-DD, LLC filed this action against Albert G. Hill, III, Erin Hill, and
third-party defendant Wilmington Trust, N.A., seeking, inter alia, to dispossess the
Hills of certain real property and to obtain interlocutory injunctive relief requiring the
Hills to allow it to access the real property to show it to potential buyers.
The trial court entered an “Interim Order” on January 23, 2017, requiring the
defendants to allow MHTE-DD, LLC such access to the property at certain times on
designated dates. On January 27, 2017, Albert Hill filed this application for
discretionary appeal contesting that order.
It appears that the order Hill seeks to appeal is directly appealable. See OCGA
§ 5-6-34 (a) (4) (granting a right of direct appeal from all “orders granting or refusing
applications . . . for interlocutory or final injunctions”); Haygood v. Tilley, 295 Ga.
App. 90 n. 1 (670 SE2d 800) (2008). Under OCGA § 5-6-35 (j), this court will grant
an otherwise timely discretionary application if the lower court’s order is subject to
direct appeal. Accordingly, this application is hereby GRANTED. Hill shall have ten
days from the date of this order to file a notice of appeal with the trial court.1 The
trial court is instructed to include a copy of this order in the appellate record.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/27/2017
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.
1
If Hill has already filed a notice of appeal from this order, he need not file a
second notice.