Bataski Bailey v. Wells Fargo Bank, N.A.

• Court: Court of Appeals of Georgia
• Decided: October 6, 2015
• Docket: A16D0031
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 29, 2015

The Court of Appeals hereby passes the following order:

A16D0031. BATASKI BAILEY v. WELLS FARGO BANK, N. A.

Bataski Bailey filed an application for discretionary appeal from the trial court’s order confirming an arbitration award. However, no provision of OCGA § 5- 6-35 (a) requires the filing of a discretionary application from such an order. Therefore, the order is subject to direct appeal. See, e. g., Green Tree Servicing v. Jones, Ga. App. (Case No. A14A2001, decided July 16, 2015). Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). In this case, however, Bailey has already filed a notice of appeal from the trial court’s order. Accordingly, this application is superfluous, and it is therefore DISMISSED.

Court of Appeals of the State of Georgia 09/29/2015 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.