ALBERT WILSON v. CHATTAHOOCHEE RUN COMMUNITY ASSOCIATION, INC

• Court: Court of Appeals of Georgia
• Decided: July 18, 2024
• Docket: A24A1816
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 18, 2024

The Court of Appeals hereby passes the following order:

A24A1816. ALBERT WILSON et al. v. CHATTAHOOCHEE RUN COMMUNITY ASSOCIATION, INC.

In this civil action, Chattahoochee Run Community Association, Inc. obtained a default judgment against Albert Wilson and Angela Wilson, and the Wilsons moved to set aside the judgment under OCGA § 9-11-60 (d) (3). The trial court denied the motion to set aside, and the Wilsons filed this appeal. We, however, lack jurisdiction. An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). The Wilsons’ failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal. Accordingly, the appellee’s motion to dismiss is GRANTED, and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/18/2024 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.