Dewantez Chester v. Autovest, LLC ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 11, 2018
    The Court of Appeals hereby passes the following order:
    A19A0750. DEWANTEZ CHESTER v. AUTOVEST, LLC.
    Dewantez Chester, the defendant in this civil action, filed this direct appeal
    from the trial court’s order denying his OCGA § 9-11-60 (d) motion to set aside the
    default judgment against him. We, however, lack jurisdiction.
    “[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60
    is not directly appealable and instead requires the filing of an application for
    discretionary appeal under OCGA § 5-6-35 (b).” Jim Ellis Atlanta v. Adamson, 
    283 Ga. App. 116
    , 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8). Chester’s
    failure to follow the required appellate procedure deprives us of jurisdiction over this
    appeal, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/11/2018
    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.
    

Document Info

Docket Number: A19A0750

Filed Date: 12/19/2018

Precedential Status: Precedential

Modified Date: 12/19/2018