LOU D. BROWN v. RICHARD L. BRATTON

• Court: Court of Appeals of Georgia
• Decided: April 21, 2025
• Docket: A25A1552
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 21, 2025

The Court of Appeals hereby passes the following order:

A25A1552. LOU D. BROWN et al. v. RICHARD L. BRATTON et al.

In this action for breach of contract, fraud, and other claims, the trial court entered a final judgment in favor of the plaintiffs on February 21, 2024. Lou Brown, one of the defendants, filed a motion to set aside the judgment under OCGA § 9-11-60 (d), which the trial court denied on February 27, 2025. Brown then filed a notice of appeal on March 26, 2025. 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). Brown’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,____________________ 04/21/2025 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.