Human v. State

390 S.E.2d 446, 194 Ga. App. 355, 1990 Ga. App. LEXIS 57

Opinion

McMurray, Presiding Judge.

The State of Georgia brought this action to condemn property used in violation of OCGA § 16-12-22. On February 14, 1989, the trial court entered a “final order” forfeiting the property pursuant to OCGA § 16-12-32. On February 27, 1989, appellant filed a motion to set aside the judgment attacking the “final order.” Following a hearing, the motion to set aside the judgment was denied on April 6, 1989. This is a direct appeal from the order denying the motion to set aside judgment. Held:

Appeals from an order denying a motion to set aside a judgment must be taken by application in the nature of a petition. OCGA § 5-6-35 (a) (8). Accordingly, this direct appeal must be dismissed. See State Farm &c. Ins. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39).

Appeal dismissed.

Carley, C. J., and Beasley, J., concur.