In Re: Carole Ann Wilson, Ward

• Court: Court of Appeals of Georgia
• Decided: February 6, 2025
• Docket: A25A0903
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 06, 2025

The Court of Appeals hereby passes the following order:

A25A0903. IN RE: CAROLE ANN WILSON, WARD.

In this guardianship action, the probate court appointed Matthew Wilson as the emergency guardian and conservator of his elderly mother, Carole Ann Wilson. Samantha Wilson, Carole Ann’s daughter, subsequently filed a motion to set aside the guardianship order under OCGA § 9-11-60 (d) (3). The probate court denied Samantha’s motion and she filed this direct appeal. We lack jurisdiction. An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); 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. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Samantha Wilson’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/06/2025 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.