Johnny C. Cooksey v. Celestine Jones, as for the Estate of Emma T. Horne

• Court: Court of Appeals of Georgia
• Decided: November 12, 2024
• Docket: A25A0604
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 12, 2024

The Court of Appeals hereby passes the following order:

A25A0604. JOHNNY C. COOKSEY v. CELESTINE JONES, AS EXECUTOR FOR THE ESTATE OF EMMA T. HORNE, DECEASED.

Johnny C. Cooksey filed a complaint to foreclose on a lien, and the trial court dismissed the complaint on November 11, 2021. In June 2022, Cooksey moved to set aside the dismissal order under OCGA § 9-11-60 (d). The trial court denied the motion, and Cooksey filed this appeal. We, however, lack jurisdiction. To appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d), Cooksey was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-117 (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). Accordingly, Cooksey’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/12/2024 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.