Morris Durden v. Gary Michael Jeffers

• Court: Court of Appeals of Georgia
• Decided: April 3, 2020
• Docket: A20A1475
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 17, 2020

The Court of Appeals hereby passes the following order:

A20A1475. MORRIS DURDEN et al. v. GARY MICHAEL JEFFERS.

Plaintiffs Morris Durden and Nikitrice Jones filed this direct appeal following the trial court’s order granting Gary Michael Jeffers’s motion for attorney fees pursuant to OCGA § 9-15-14. We, however, lack jurisdiction. Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10). Plaintiffs’ failure to comply with the discretionary review procedure deprives us of jurisdiction over this appeal. See Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 842 (560 SE2d 730) (2002); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/17/2020 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.