Marilyn E. Goodrich v. Bank of America, N.A.

• Court: Court of Appeals of Georgia
• Decided: November 27, 2012
• Docket: A13D0109
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 27, 2012

The Court of Appeals hereby passes the following order:

A13D0109. MARILYN E. GOODRICH v. BANK OF AMERICA, N.A.

Marilyn E. Goodrich has filed an application for discretionary review of the trial court’s October 23, 2012, order. Among other things, that order dismissed Goodrich’s notice of appeal from a previous order. “The dismissal of an appeal by the trial court is subject to direct appeal.” Castleberry’s Food Co. v. Smith, 205 Ga. App. 859, 860 (424 SE2d 33) (1992). We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Goodrich shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, she has already filed a notice of appeal from the order at issue, she need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 11/27/2012 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.