Jerry A. Landers, Jr., as Administrator of Estate of Shahram Shahriari v. Shahrzad Shahriari ( 2018 )


Menu:
  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    April 20, 2018
    The Court of Appeals hereby passes the following order:
    A18A1306. JERRY A. LANDERS, JR., AS ADMINISTRATOR OF THE
    ESTATE OF SHAHRAM SHAHRIARI v. SHAHRZAD SHAHRIARI et
    al.
    In this civil action, the trial court granted summary judgment to the defendants.
    We affirmed the trial court’s judgment in an unpublished opinion in 2016. See
    Landers v. Shahriari, No. A16A0014 (June 9, 2016). In the interim, the defendants
    filed a motion for OCGA § 9-15-14 attorney fees, which the trial court granted in
    2017. Plaintiff Jerry A. Landers, Jr., as Administrator of the Estate of Shahram
    Shahriari, then filed this direct appeal. We lack jurisdiction.
    An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees
    must be initiated by filing an application for discretionary review. OCGA § 5-6-35
    (a) (10), (b); Capricorn Systems, Inc. v. Godavarthy, 
    253 Ga. App. 840
    , 841-842 (560
    SE2d 730) (2002). “[C]ompliance with the discretionary appeals procedure is
    jurisdictional.” Fabe v. Floyd, 
    199 Ga. App. 322
    , 332 (1) (405 SE2d 265) (1991).
    Landers’s failure to follow the discretionary review procedure deprives us of
    jurisdiction over this appeal, which is hereby DISMISSED. See Capricorn Systems,
    Inc., 253 Ga. App. at 842.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    04/20/2018
    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: A18A1306

Filed Date: 5/2/2018

Precedential Status: Precedential

Modified Date: 5/2/2018