Georgia Court of Appeals, 2014

Sean Langshaw v. Lpp Mortgage, Ltd.

Sean Langshaw v. Lpp Mortgage, Ltd.
Georgia Court of Appeals · Decided February 18, 2014

Sean Langshaw v. Lpp Mortgage, Ltd.

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ February 18, 2014 The Court of Appeals hereby passes the following order: A14D0234. SEAN LANGSHAW v. LPP MORTGAGE, LTD. et al.

Sean and Wanja Langshaw filed this application for discretionary appeal seeking review of the trial court’s order directing the reformation of a deed.1 Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Moreover, the order to be appealed appears to be a final judgment.

This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j) if the order is subject to direct appeal and the applicant has not timely filed a notice of appeal. As it does not appear that the Langshaws have filed a notice of appeal, this application is hereby GRANTED. The Langshaws shall have ten days from the date of this order to file a notice of appeal with the trial court. The trial court is instructed to include a copy of this order in the record transmitted to this Court.

The Langshaws filed the application in the Supreme Court, which transferred it here upon finding that “the grant of equitable relief is merely ancillary to the legal issues.”

Court of Appeals of the State of Georgia 02/18/2014 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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