Court of Appeals of the State of Georgia ATLANTA,__________________ February 08, 2013 The Court of Appeals hereby passes the following order: A13A0918. DEBRA CURRY v. THE VILLAGES AT LAKE RIDGE PROPERTY OWNERS ASSOCIATION, INC. On July 3, 2012, the trial court entered a final order and default judgment against Debra Curry, ordering her to pay The Villages at Lake Ridge Property Owners Association, Inc. damages in the amount of $7,036.85. Curry filed a motion to vacate the default judgment, which the trial court denied on November 28, 2012. Curry filed this direct appeal. We, however, lack jurisdiction. “[P]leadings, motions, and orders are construed according to their substance and function and not merely by nomenclature.” Forest City Gun Club v. Chatham Co., 280 Ga. App. 219, 220 (1) (633 SE2d 623) (2006). Curry’s motion essentially seeks to set aside the default judgment, in accordance with OCGA § 9-11-60 (d). An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Curry’s failure to comply with the requisite appellate procedure deprives this Court of jurisdiction over her appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 02/08/2013 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.