Thomas Holcombe, III v. Robert C. Richie

• Court: Court of Appeals of Georgia
• Decided: August 28, 2012
• Docket: A12A2527
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ August 28, 2012

The Court of Appeals hereby passes the following order:

A12A2527. THOMAS V. HOLCOMBE, III v. ROBERT C. RICHIE.

The probate court appointed Robert C. Richie as administrator of the estate of Louvenia Holcombe. Thomas V. Holcombe, III, moved to have this order set aside under OCGA § 9-11-60 (d). The trial court denied the motion, and Holcombe filed this direct appeal.1 We lack jurisdiction. Appeals from orders denying motions to set aside under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (8). Holcombe’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995).

Court of Appeals of the State of Georgia 08/28/2012 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.

1 Holcombe initially filed his appeal to the superior court, which transferred the matter to this Court. See 1983 Ga. Const., Art. VI, Par. I, Sec. VIII (Georgia Constitution requires that “[a]ny court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.”)