NATCHEZ TRACE DEVELOPMENT, INC. v. MULTIBANK 2009-1 RES-ADC VENTURE, LLC.

• Court: Court of Appeals of Georgia
• Decided: September 22, 2016
• Docket: A17A0223
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 15, 2016

The Court of Appeals hereby passes the following order:

A17A0223. NATCHEZ TRACE DEVELOPMENT, INC. et al. v. MULTIBANK 2009-1 RES-ADC VENTURE, LLC.

Multibank 2009-1 RES-ADC Venture, LLC filed a lawsuit against defendants Natchez Trace Development, Inc. and Winston J. Deloney following their defaults on a promissory note and guaranty. After service by publication, Natchez and Deloney failed to appear and the trial court entered a default judgment in favor of Multibank. Deloney filed a motion to set aside the default judgment under OCGA § 9-11-60 (d). The trial court denied the motion, and Natchez and Deloney filed this direct appeal. Pretermitting whether Natchez is a proper party to this appeal, we lack jurisdiction. Pursuant to OCGA § 5-6-35 (a) (8), 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 Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Natchez and Deloney’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 09/15/2016 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.