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Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

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Bethel, Judge.Austin Regional Home Care, Inc., William Gorman, and Nancy Gorman (“Appellants”) appeal directly from the trial court’s order compelling arbitration with regard to claims brought against Careminders Home Care, Inc. and Careminders, Inc. (collectively, “Careminders”). Careminders moved to dismiss this appeal, arguing that this Court lacks jurisdiction because the trial court’s order compelling arbitration did not constitute a final judgment. Because we agree with Careminders that this Court lacks jurisdiction, we dismiss this appeal.   Careminders brought suit against the Appellants in July 2016, alleging a number of causes of action relating to the parties’ business relationship. In February 2017, Careminders moved to exercise arbitration provisions in several agreements entered into with the Appellants. Over the objection of the Appellants, the trial court granted Careminders’ motion to compel arbitration. In its order, the trial court also included a provision which statedIn accordance with OCGA § 9-9-6 (a), this Order shall operate to stay this action in all aspects of this litigation, and the Clerk is hereby ordered to administratively close this file such that it does not appear as a pending matter. If and when any party should desire to return this matter to an open and active status, the party should formally move the Court for an order lifting the stay.

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