Court of Appeals of the State of Georgia ATLANTA,____________________ March 18, 2019 The Court of Appeals hereby passes the following order: A19A1546. CURTIS WHITAKER v. BENEFICIAL GEORGIA, INC. In January 2010, the trial court entered a default judgment in favor of Beneficial Georgia, Inc. Thereafter, in September 2018, Curtis Whitaker filed a pro se motion to set aside the trial court’s judgment, alleging he was not properly served.

The trial court denied Whitaker’s motion after finding that the motion fell under OCGA § 9-11-60 (d) (1). Whitaker then filed his pro se notice of appeal. We, however, lack jurisdiction.

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991).

Whitaker’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/18/2019 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.