Shelton v. Ervin
Shelton v. Ervin
Opinion of the Court
Mr. and Mrs. Ervin, appellees (and appellant’s former employers), were granted a money judgment on a complaint filed against Shelton in the Small Claims Court (now Magistrate’s Court) of Morgan County. Shelton appealed to the Morgan County Superior Court, and Mr. and Mrs. Ervin moved for summary judgment. Shelton filed
OCGA § 9-6-35 (a) (8), when read in conjunction with OCGA § 9-11-60 (d), mandates that an appeal from a judgment denying a motion to set aside be brought as a discretionary appeal. Scrutiny of the record of the instant appeal shows that this appeal, although belonging to a category of judgments on which one is required to follow the procedure of applying for a discretionary appeal, was nevertheless brought as a direct appeal, in contravention of OCGA § 9-6-35, supra. This court is without jurisdiction to review this appeal, and it must therefore be dismissed. In the Interest of J. E. P., 168 Ga. App. 30 (308 SE2d 712) (1983), aff'd 252 Ga. 520 (315 SE2d 416) (1984); Crews v. State, 175 Ga. App. 300 (333 SE2d 176) (1985).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.