DocketNumber: A17A0261
Filed Date: 10/25/2016
Status: Precedential
Modified Date: 10/25/2016
Court of Appeals of the State of Georgia ATLANTA,____________________ October 06, 2016 The Court of Appeals hereby passes the following order: A17A0261. JIMMY TSELIOS v. TWO JIMMY’S CONSTRUCTION, LLC. The trial court entered a default judgment against defendant Jimmy Tselios in this action for breach of contract. Tselios filed a motion to set aside the default judgment for lack of personal jurisdiction under OCGA § 9-11-60 (d) (1), which the trial court denied. Tselios then appealed directly to this Court. We 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, Inc. v. Adamson,283 Ga. App. 116
, 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8). Tselios’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 10/06/2016 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.