RHONDA LEE BARNEY v. RENASANT BANK F/K/A MERCHANTS & FARMERS BANK

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 03, 2016

The Court of Appeals hereby passes the following order:

A16A1671. RHONDA LEE BARNEY et al. v. RENASANT BANK f/k/a MERCHANTS & FARMERS BANK.

Renasant Bank, formerly known as Merchants & Farmers Bank, filed suit to set aside allegedly fraudulent transfers made to sisters Rhonda Lee Barney and Gloria Whitney Harrell. In December 2013, the trial court entered a consent order resolving the dispute. In December 2015, Barney and Harrell filed a motion to set aside the consent order under OCGA § 9-11-60 (d). The trial court denied the motion, and Barney and Harrell appeal.

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, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Barney’s and Harrell’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED. See id.

Court of Appeals of the State of Georgia 06/03/2016

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.