Kathy May Toth v. Gloria Naegele May

• Court: Court of Appeals of Georgia
• Decided: April 11, 2019
• Docket: A19A1532
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 26, 2019

The Court of Appeals hereby passes the following order:

A19A1532. KATHY MAY TOTH v. GLORIA NAEGELE MAY.

In October 2018, the trial court entered a default judgment in favor of Gloria Naegele May. Thereafter, in December 2018, Kathy May Toth filed a motion to set aside the trial court’s judgment pursuant to OCGA § 9-11-60 (d), alleging accident, mistake, and/or excusable neglect. The trial court denied the motion, and Toth filed this direct appeal. We, however, 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 review. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Toth’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/26/2019 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.