THOMPSON, Presiding Justice.
A group of firefighters brought a class action lawsuit against the City of Atlanta alleging that the city breached its employment contracts with the firefighters as well as its statutory obligation to provide a fair and impartial promotional process by failing to prevent cheating on a fire lieutenant promotional exam.
Appellants, all of whom are firefighters who scored 90 or higher on the first exam, appealed from the entry of the permanent injunction seeking to challenge those provisions of the injunction that treat appellants as if they were parties to the case, notwithstanding that they never had been joined. Those provisions identify them as "probable cheaters," single them out for demotion, and impose special requirements on them relative to promotions following the re-test, requirements not imposed class-wide.
For the reasons set forth below, we find appellants have standing to appeal the judgment in this case. Further, we hold that the trial court abused its discretion in fashioning injunctive relief specific to appellants and erred in entering judgment against them. Accordingly, we vacate those portions of the permanent injunction that require the city to treat appellants differently from class members.
1. Generally, only a party to a civil case, or one who has sought to become a party as by way of intervention and has been denied the right to do so, can appeal from a judgment. Thaxton v. Norfolk Southern Corp., 287 Ga.App. 347, 349, 652 S.E.2d 161 (2007). However, where judgment is entered against a nonparty, that nonparty becomes a party with standing to appeal. See Georgia Dept. of Human Resources v. Drust, 264 Ga. 514, 515, 448 S.E.2d 364 (1994). See also BEA Systems v. WebMethods, 265 Ga.App. 503, 508, 595 S.E.2d 87 (2004); Travelers Ins. Co. v. Segan, 190 Ga.App. 66, 67, 378 S.E.2d 367 (1989) ("It is illogical to suggest that one against whom a judgment has been entered lacks the standing to appeal from that judgment"). Appellees argue appellants have no standing to appeal the trial court's final judgment because it is directed against the city and its agents, it does not specifically enjoin appellants, and the mere fact that appellants are impacted by what the city is required to do does not make them parties with standing to appeal. We disagree.
(b) Nor do we accept appellees' contention that appellants were required to intervene in the underlying action in order to appeal a decision affecting them directly. See Martin v. Wilks, 490 U.S. 755, 763, 109 S.Ct. 2180, 104 L.Ed.2d 835 (1989) ("a party seeking a judgment binding on another cannot obligate that person to intervene; he must be joined"). If appellees wished to have individuals singled out for special retribution, it was incumbent on them to join these individuals as indispensable parties.
Id. at 765, 109 S.Ct. 2180. We do not dispute that appellants could have moved to intervene post-judgment, see Sta-Power Industries v. Avant, 134 Ga.App. 952, 958-959, 216 S.E.2d 897 (1975); however, we decline to hold that such a motion is required to confer standing to appeal on a nonparty that the judgment treats as a party. See BEA Systems, supra at 509, 595 S.E.2d 87 ("when an injunction is entered affecting and restraining a nonparty, it has standing to appeal such injunction"). See also AAL High Yield Bond Fund v. Deloitte & Touche, 361 F.3d 1305, 1311 fn. 10 (11th Cir.2004) ("instance in which a nonparty may be sufficiently bound by a judgment to qualify as a party for purposes of appeal is when the nonparty is purportedly bound by an injunction"). See e.g., Devlin v. Scardelletti, 536 U.S. 1, 9-14, 122 S.Ct. 2005, 153 L.Ed.2d 27 (2002). In the instant case the burden was on appellees to name, serve, and join as necessary parties, each firefighter against whom they intended to seek a judgment of cheating and upon whom they wished to have the trial court impose individual sanctions via injunctive order.
2. Having determined that appellants have standing to bring this appeal, we further find that the trial court abused its discretion by crafting an injunction which singled out appellants for demotion and required the city to impose judicial disciplinary action against them. "It is a principle of general application in Anglo-American jurisprudence that one is not bound by a judgment in personam in a litigation in which he is not designated as a party or to which he
As previously discussed in Div. 1(a), those provisions of the injunction singling out appellants for disparate treatment constituted an attempt by the court to impose special sanctions on appellants individually. Regardless of whether appellants had a property interest in receiving a provisional promotion to lieutenant during the pendency of this lawsuit, they certainly had a due process right to be free from having judicial action taken against them individually without first being afforded notice and a right to be heard on the merits. This Court recognizes the "deep-rooted historic tradition that everyone should have his own day in court." (Citations and punctuation omitted.) Taylor v. Sturgell, 553 U.S. 880, 893, 128 S.Ct. 2161, 171 L.Ed.2d 155 (2008); accord United States v. Kirschenbaum, 156 F.3d 784, 792, 795 (7th Cir.1998).
BEA Systems, supra at 509, 595 S.E.2d 87. Accordingly, we find that the trial court abused its discretion by entering an injunction which requires the city to execute punitive measures against appellants individually. Those portions of the trial court's judgment that order the city to treat appellants differently from members of the plaintiff class are therefore vacated.
Judgment affirmed in part and vacated in part.
All the Justices concur.