Georgia Court of Appeals, 1990

Human v. State

Human v. State
Georgia Court of Appeals · Decided January 30, 1990 · McMurray
194 Ga. App. 355; 390 S.E.2d 446; 1990 Ga. App. LEXIS 57

Human v. State

Opinion of the Court

McMurray, Presiding Judge.

The State of Georgia brought this action to condemn property used in violation of OCGA § 16-12-22. On February 14, 1989, the trial court entered a “final order” forfeiting the property pursuant to OCGA § 16-12-32. On February 27, 1989, appellant filed a motion to set aside the judgment attacking the “final order.” Following a hearing, the motion to set aside the judgment was denied on April 6, 1989. This is a direct appeal from the order denying the motion to set aside judgment. Held:

Appeals from an order denying a motion to set aside a judgment must be taken by application in the nature of a petition. OCGA § 5-6-35 (a) (8). Accordingly, this direct appeal must be dismissed. See State Farm &c. Ins. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39).

Appeal dismissed.

Carley, C. J., and Beasley, J., concur.

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