Opinion
A24A0059
09-12-2023
PRIME COMMS RETAIL, LLC v. REEP-RTL NPM GA, LLC.
The Court of Appeals hereby passes the following order:
In February 2023, REEP-RTL NPM GA, LLC obtained a default judgment against Prime Comms Retail, LLC f/k/a Spring Communications Holding, LLC d/b/a Spring Mobile ("Prime") in state court. Prime moved to set aside the judgment under OCGA § 9-11-60 (d). The court amended the amount of attorney fees awarded but otherwise denied Prime's motion to set aside in May 2023. Prime now appeals. We, however, lack jurisdiction.
An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga.App. 116, 116 (640 S.E.2d 688) (2006). Prime's failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.