Mira Brown v. Rac Acceptance

• Court: Court of Appeals of Georgia
• Decided: April 25, 2016
• Docket: A16D0302
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2016

The Court of Appeals hereby passes the following order:

A16D0302. MIRA BROWN et al. v. RAC ACCEPTANCE.

On February 23, 2016, the trial court entered an order confirming the arbitration award and a final judgment in favor of the defendant in this action for malicious prosecution. Mira Brown filed a timely application for discretionary appeal from the judgment. However, no provision of OCGA § 5-6-35 (a) requires the filing of a discretionary application from such an order. Therefore, the order is subject to direct appeal. See, e. g., Green Tree Servicing v. Jones, 333 Ga. App. 184) (775 SE2d 714) (2015). Ordinarily, 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. Brown 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 04/12/2016 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.