Dewantez Chester v. Autovest, LLC ( 2018 )

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.