Carl M. Drury III v. German American Capital Corporation

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ December 11, 2013

The Court of Appeals hereby passes the following order:

A14A0534. CARL M. DRURY III v. GERMAN AMERICAN CAPITAL CORPORATION.

On September 7, 2011, the Fulton County Superior Court entered an order domesticating a foreign judgment. Carl M. Drury, III filed a motion to set aside the order under OCGA § 9-11-60 (d) (2). The trial court denied the motion, and Drury filed this appeal. An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Drury’s failure to comply with the requisite appellate procedure deprives this Court of jurisdiction over his appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 12/11/2013 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.