Georgia Court of Appeals, 2016

Elaine Powell v. Wells Fargo Bank, N.A.

Elaine Powell v. Wells Fargo Bank, N.A.
Georgia Court of Appeals · Decided August 10, 2016

Elaine Powell v. Wells Fargo Bank, N.A.

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ August 09, 2016 The Court of Appeals hereby passes the following order: A16A2127. ELAINE POWELL et al. v. WELLS FARGO BANK, N.A.

Wells Fargo Bank, N.A., filed a complaint against Elaine Powell et al. In April 2016 the trial court entered a default judgment in favor of Wells Fargo Bank. Powell then filed a motion to set aside the default under OCGA § 9-11-60(d). The trial court denied the motion, and Powell appeals.

An appeal from an order denying a motion to set aside under OCGA § 9-11- 60(d) must be taken by application for discretionary review. See OCGA § 5-6- 35(a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116-17 (640 SE2d 688) (2006). Powell’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/09/2016 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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