Kevin Summers v. Cynthia Crossley

• Court: Court of Appeals of Georgia
• Decided: February 26, 2019
• Docket: A19A1348
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 15, 2019

The Court of Appeals hereby passes the following order:

A19A1348. KEVIN SUMMERS v. CYNTHIA CROSSLEY.

Kevin Summers, the defendant in this civil action, filed this timely direct appeal from the trial court’s order denying his OCGA § 9-11-60 (d) motion to set aside the default judgment against him.1 We, however, lack jurisdiction. “[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8). Summers’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/15/2019 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.

1 Summers also filed a motion for reconsideration of the trial court’s denial of his motion to set aside, which the trial court denied. However, the denial of a motion for reconsideration is not itself a directly appealable order. Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985).