ERNEST TEPPER v. SARASOTA CCM, INC.

• Court: Court of Appeals of Georgia
• Decided: October 30, 2025
• Docket: A26A0646
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 30, 2025

The Court of Appeals hereby passes the following order:

A26A0646. ERNEST TEPPER et al. v. SARASOTA CCM, INC.

In this civil action, the trial court entered a final judgment in favor of plaintiff Sarasota CCM, Inc., in November 2024. Defendant Ernest Tepper filed a motion to set aside the judgment under OCGA § 9-11-60(d)(1) and (3). The trial court denied the motion in February 2025, and Tepper subsequently filed this direct appeal. We lack jurisdiction. The denial of a motion to set aside a final judgment under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Tepper’s failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/30/2025 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.