Curtis Whitaker v. Beneficial Georgia, Inc.

Court of Appeals of Georgia

Curtis Whitaker v. Beneficial Georgia, Inc.

DecidedMarch 21, 2019

DocketA19A1546

StatusPublished

This text of Curtis Whitaker v. Beneficial Georgia, Inc. (Curtis Whitaker v. Beneficial Georgia, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Curtis Whitaker v. Beneficial Georgia, Inc., (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 18, 2019

The Court of Appeals hereby passes the following order:

A19A1546. CURTIS WHITAKER v. BENEFICIAL GEORGIA, INC.

In January 2010, the trial court entered a default judgment in favor of Beneficial Georgia, Inc. Thereafter, in September 2018, Curtis Whitaker filed a pro se motion to set aside the trial court’s judgment, alleging he was not properly served. The trial court denied Whitaker’s motion after finding that the motion fell under OCGA § 9-11-60 (d) (1). Whitaker then filed his pro se notice of 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. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Whitaker’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2019 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 18, 2019

The Court of Appeals hereby passes the following order:

A19A1546. CURTIS WHITAKER v. BENEFICIAL GEORGIA, INC.

In January 2010, the trial court entered a default judgment in favor of Beneficial Georgia, Inc. Thereafter, in September 2018, Curtis Whitaker filed a pro se motion to set aside the trial court’s judgment, alleging he was not properly served. The trial court denied Whitaker’s motion after finding that the motion fell under OCGA § 9-11-60 (d) (1). Whitaker then filed his pro se notice of 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. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Whitaker’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2019 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.

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Curtis Whitaker v. Beneficial Georgia, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-whitaker-v-beneficial-georgia-inc-gactapp-2019.

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