Olga Figueroa-Boyer v. Midland Funding, LLC

• Court: Court of Appeals of Georgia
• Decided: June 16, 2026
• Docket: A26A2172
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 16, 2026

The Court of Appeals hereby passes the following order:

A26A2172. OLGA FIGUEROA-BOYER v. MIDLAND FUNDING, LLC.

Midland Funding LLC filed suit against Olga Figueroa-Boyer, and the trial court entered default judgment in favor of Midland Funding. Figueroa-Boyer filed a motion to set aside under OCGA § 9-11-60(d), which the trial court denied. Figueroa- Boyer then filed this direct appeal. An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017). Compliance with the discretionary appeals procedure is jurisdictional. Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Figueroa-Boyer failed to follow the required appellate procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/16/2026 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.