Cgg Management & Associates, LLC v. Brooke Midgette ( 2019 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 26, 2019
The Court of Appeals hereby passes the following order:
A19A1630. CGG MANAGEMENT & ASSOCIATES, LLC v. BROOKE
MIDGETTE.
In November 2018, the trial court adopted a special master’s report and granted
summary judgment in favor of Brooke Midgette. Thereafter, in December 2018, CGG
Management & Associates, LLC filed a motion to set aside the trial court’s judgment
pursuant to OCGA § 9-11-60 (d), alleging that the special master’s report contained
a clear mistake of fact. The trial court denied the motion, and CGG Management &
Associates, LLC filed this direct appeal.
An appeal from an order denying a motion to set aside a judgment under
OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA
§ 5-6-35 (a) (8). “[C]ompliance with the discretionary appeals procedure is
jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991).
CGG Management & Associates, LLC’s failure to file a discretionary application thus
deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/26/2019
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.