Russell Carbonara v. Fortress Group, Inc.

Court of Appeals of Georgia

Russell Carbonara v. Fortress Group, Inc.

DecidedFebruary 7, 2018

DocketA18D0279

StatusPublished

This text of Russell Carbonara v. Fortress Group, Inc. (Russell Carbonara v. Fortress Group, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Russell Carbonara v. Fortress Group, Inc., (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 02, 2018

The Court of Appeals hereby passes the following order:

A18D0279. RUSSELL CARBONARA v. FORTRESS GROUP, INC.

Russell Carbonara has filed a timely application for discretionary review from the trial court’s December 13, 2017 order finding him in civil contempt for failing to respond to post-judgment discovery and awarding attorney fees to Fortress Group, Inc. under OCGA § 9-15-14. A discretionary application, however, was not necessary here. Judgments of contempt are directly appealable. OCGA § 5-6-34 (a) (2); In re Booker, 186 Ga. App. 614, 614 (367 SE2d 850) (1988). 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). Additionally, although an order awarding OCGA § 9-15-14 fees requires a discretionary application, here the attorney fees award is being appealed along with a directly appealable ruling. Thus, no application is required. See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 SE2d 666) (1989); see also Haggard v. Bd. of Regents, 257 Ga. 524, 526 (4) (a) (360 SE2d 566) (1987). Accordingly, this application is hereby GRANTED. Carbonara shall have ten days from the date of this order to file a notice of appeal with the trial court. If, as Carbonara states in his application, he has already filed a notice of appeal from the order at issue, he 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 Clerk’s Office, Atlanta,____________________ 02/02/2018 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ February 02, 2018

The Court of Appeals hereby passes the following order:

A18D0279. RUSSELL CARBONARA v. FORTRESS GROUP, INC.

Russell Carbonara has filed a timely application for discretionary review from the trial court’s December 13, 2017 order finding him in civil contempt for failing to respond to post-judgment discovery and awarding attorney fees to Fortress Group, Inc. under OCGA § 9-15-14. A discretionary application, however, was not necessary here. Judgments of contempt are directly appealable. OCGA § 5-6-34 (a) (2); In re Booker, 186 Ga. App. 614, 614 (367 SE2d 850) (1988). 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). Additionally, although an order awarding OCGA § 9-15-14 fees requires a discretionary application, here the attorney fees award is being appealed along with a directly appealable ruling. Thus, no application is required. See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 SE2d 666) (1989); see also Haggard v. Bd. of Regents, 257 Ga. 524, 526 (4) (a) (360 SE2d 566) (1987). Accordingly, this application is hereby GRANTED. Carbonara shall have ten days from the date of this order to file a notice of appeal with the trial court. If, as Carbonara states in his application, he has already filed a notice of appeal from the order at issue, he 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 Clerk’s Office, Atlanta,____________________ 02/02/2018 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.

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