Marcus A. Surrett v. United Auto Acceptance

• Court: Court of Appeals of Georgia
• Decided: September 10, 2014
• Docket: A14A2263
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ August 26, 2014

The Court of Appeals hereby passes the following order:

A14A2263. MARCUS A. SURRETT v. UNITED AUTO ACCEPTANCE.

United Auto Acceptance obtained a default judgment against Marcus Surrett. Surrett later moved for relief from the judgment under OCGA § 9-11-60 (d). The trial court denied the motion, and Surrett filed this direct appeal. An appeal from an order denying a motion to set aside a judgment 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). Surrett’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/26/2014 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.