Sephona Milford v. Jerry Catuy
Sephona Milford v. Jerry Catuy
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ May 08, 2019 The Court of Appeals hereby passes the following order: A19A1929. SEPHONA MILFORD v. JERRY CATUY.
In December 2018, the trial court dismissed Sephona Milford’s complaint against Jerry Catuy for insufficiency of service of process. Thereafter, Milford filed a motion to set aside the trial court’s judgment pursuant to OCGA § 9-11-60 (d). The trial court denied the motion, and Milford filed this direct 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). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991).
Milford’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,____________________ 05/08/2019 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.
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