Georgia Court of Appeals, 2013

Christine Anzo v. Wells Fargo Bank, N.A.

Christine Anzo v. Wells Fargo Bank, N.A.
Georgia Court of Appeals · Decided July 1, 2013

Christine Anzo v. Wells Fargo Bank, N.A.

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ July 01, 2013 The Court of Appeals hereby passes the following order:

A13A1261. ANZO v. WELLS FARGO BANK, N.A.

Christine Anzo filed a direct appeal from the trial court’s order denying her motion to open default. We, however, lack jurisdiction. The record shows that a default judgment was entered against Anzo on March 23, 2012, and that she filed the motion to open default on April 9, 2012. Anzo was not entitled to open default under OCGA § 9-11-55 (b), which allows an individual to open default “[a]t any time before final judgment.” (Emphasis added.) Anzo was authorized to seek to have the default judgment set aside under OCGA § 9-11-60 (d). However, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) requires the filing of an application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Given Anzo’s failure to follow the requisite appellate procedure, we lack jurisdiction to consider this appeal, and the appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 07/01/2013 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.

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