Albert Bethelmie v. Heritage Place, LLC

• Court: Court of Appeals of Georgia
• Decided: May 8, 2013
• Docket: A13D0324
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ May 08, 2013

The Court of Appeals hereby passes the following order:

A13D0324. ALBERT BETHELMIE v. HERITAGE PLACE, LLC.

Heritage Place, LLC sued Albert Bethelmie to recover damages owed on a commercial lease agreement, and Bethelmie failed to file a timely answer or move to open the default judgment against him. On March 14, 2013, the trial court entered a final judgment, awarding total damages of $24,939.50, plus post-judgment interest to Heritage Place. Bethelmie filed this application for discretionary appeal from the trial court’s final judgment. This is an appeal from a final judgment. See Lanier v. Foster, 133 Ga. App. 149, 153 (3) (210 SE2d 326) (1974). It is not an appeal from the denial of the motion to set aside, as contemplated by OCGA § 5-6-35 (a) (8), nor does it fall within any other provision of OCGA § 5-6-35 (a). The order in this case is thus directly appealable and is not subject to the discretionary appeal requirements. This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j), if the order is subject to direct appeal. Therefore, this application is GRANTED as required under OCGA § 5-6-35 (j). Bethelmie shall have ten days from the date of this order to file a notice of appeal with the state court. The state court is instructed to include a copy of this order in the record transmitted to this Court. Court of Appeals of the State of Georgia 05/08/2013 Clerk’s Office, Atlanta,__________________ 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.