Debra Laney v. Park Glenn Community Association, Inc.

• Court: Court of Appeals of Georgia
• Decided: February 6, 2026
• Docket: A26A1189
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 06, 2026

The Court of Appeals hereby passes the following order:

A26A1189. DEBRA LANEY v. PARK GLENN COMMUNITY ASSOCIATION, INC.

The trial court ordered Debra Laney to pay attorney fees to Park Glenn Community Association, Inc. under OCGA § 9-15-14. Laney filed an application for discretionary review of the fee award, which this Court denied. See Case No. A26D0108 (Oct. 23, 2025). Laney also filed a motion in the trial court to vacate the fee award under OCGA § 9-11-60(d). The trial court denied that motion, and Laney filed this direct appeal. We, however, lack jurisdiction. An appeal from the denial of a motion to vacate or set aside under OCGA § 9-11-60(d) requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and punctuation omitted). Thus, “[f]ailure to file an application when one is necessary requires that the appeal be dismissed.” Evans v. Jackson, 368 Ga. App. 170, 173(1) (889 SE2d 343) (2023) (citation and punctuation omitted). In light of Laney’s failure to follow the required appellate procedure, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/06/2026 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.