Vincent Terry v. Be Capital Lending, Inc.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ July 25, 2012

The Court of Appeals hereby passes the following order:

A12A2067. VINCENT TERRY, et al v. BE CAPITAL LENDING, INC.

After the trial court entered a final judgment in favor of the defendant, Plaintiffs Vincent Terry, et al, filed a motion to set aside the judgment pursuant to OCGA § 9-11-60 (d). They also filed a motion for a temporary restraining order. The trial court denied both of these motions, and the plaintiffs filed this direct appeal. We, however, lack jurisdiction. An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995). An appeal from the denial of a temporary restraining order must also be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (9). In this case, the plaintiffs-appellants have not complied with the discretionary appeal procedure. Their failure to do so deprives this Court of jurisdiction to consider this appeal, which is accordingly DISMISSED.

Court of Appeals of the State of Georgia 07/25/2012 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.