Lemcon USA Corporation v. Icon Technology Consulting, Inc.

• Court: Court of Appeals of Georgia
• Decided: February 18, 2016
• Docket: A16A0804
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 03, 2016

The Court of Appeals hereby passes the following order:

A16A0804. LEMCON USA CORPORATION v. ICON TECHNOLOGY CONSULTING, INC.

Icon Technology Consulting, Inc. (“Icon”) obtained a default judgment against Lemcon USA Corporation (“Lemcon”) in Missouri. Icon then brought suit in Georgia to enforce the foreign judgment. Lemcon filed a motion in Georgia to set aside the Missouri default judgment. The trial court denied the motion, and Lemcon filed this direct appeal. We lack jurisdiction. “[T]he proper method for attacking a foreign judgment filed in Georgia under the [Uniform Enforcement of Foreign Judgments Act] is a motion to set aside under OCGA § 9-11-60 (d).” Noaha, LLC v. Vista Antiques & Persian Rugs, Inc., 306 Ga. App. 323, 326 (1) (702 SE2d 660) (2010) (punctuation omitted). And an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Under these circumstances, we lack jurisdiction to entertain this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 02/03/2016 Clerk’s Office, Atlanta,____________________ 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.