Opinion
A23A1285
05-09-2023
LELAND C. POPPELL CONSTRUCTION, INC. v. NUTRIEN AG SOLUTIONS, INC.
The Court of Appeals hereby passes the following order:
After Nutrien AG Solutions, Inc. ("Nutrien") obtained a judgment against Edward Westberry Jr., it filed a garnishment action against him, naming Leland C. Poppell Construction, Inc. ("Poppell") as the garnishee. After Poppell failed for approximately two years to file an answer or other responsive pleading, Nutrien sought and obtained a default judgment against Poppell for $371,836.21. Poppell thereafter moved to set aside the judgment pursuant to OCGA § 9-11-60 and OCGA § 18-4-8 (a). Alternatively, Poppell sought to modify the judgment pursuant to OCGA § 18-4-24. The trial court denied that motion, and Poppell filed this direct appeal. We, however, lack jurisdiction
The record indicates that Westberry is a former employee of Poppell.
Appeals in cases involving garnishment must be initiated by an application for discretionary appeal filed with this Court. OCGA § 5-6-35 (a) (4); Lamb v. First Union Brokerage Svcs., 263 Ga.App. 733, 736 (1) (589 S.E.2d 300) (2003). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Thus, Poppell's failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby
DISMISSED.