Gary L. King v. Heritage Healthcare of Moultrie, LLC

• Court: Court of Appeals of Georgia
• Decided: January 7, 2013
• Docket: A13D0165
• Status: Published

Opinion

Court of Appeals of the State of Georgia

January 07, 2013 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A13D0165. GARY L. KING v. HERITAGE HEALTHCARE OF MOULTRIE, LLC.

Gary L. King filed a notice of appeal from the superior court’s order denying his motion to vacate a final arbitration award. On November 19, 2012, the trial court dismissed King’s appeal because he had failed to pay the appeal-filing fee. King then filed this application for discretionary review. “[A] trial court’s order dismissing a properly filed direct appeal is itself subject to a direct appeal.” American Medical Security Group v. Parker, 284 Ga. 102, 103 (2) (663 SE2d 697) (2008); see also Castleberry’s Food Co. v. Smith, 205 Ga. App. 859, 860 (424 SE2d 33) (1992). We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6- 35 (j). Accordingly, this application is hereby GRANTED. King shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, he has already filed a notice of appeal from the order at issue, he need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 01/07/2013 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.