Dewantez Chester v. Autovest, LLC

• Court: Court of Appeals of Georgia
• Decided: December 19, 2018
• Docket: A19A0750
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 11, 2018

The Court of Appeals hereby passes the following order:

A19A0750. DEWANTEZ CHESTER v. AUTOVEST, LLC.

Dewantez Chester, the defendant in this civil action, filed this direct appeal from the trial court’s order denying his OCGA § 9-11-60 (d) motion to set aside the default judgment against him. We, however, lack jurisdiction. “[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8). Chester’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/11/2018 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.