Opinion
A91A0006.
DECIDED JUNE 5, 1991.
Bond forfeiture. Cobb Superior Court. Before Judge Kreeger.
John A Hildebrand, for appellant.
Thomas J. Charron, District Attorney, J. Richard Edwards, Jerry L. Gentry, Assistant District Attorneys, for appellee.
Following the grant of judgment absolute on a criminal bond forfeiture, Citation Bonding Company, Inc., moved to set aside the judgment pursuant to OCGA § 9-11-60 (d). The motion to set aside was denied and the bonding company brought this direct appeal. Held:
Bond forfeiture proceedings are civil in nature. State v. Slaughter, 246 Ga. 174, 176 ( 269 S.E.2d 446). Thus, if "the bond forfeited is void on its face, a motion to set aside is proper. [Cit.]" Gunsallus v. Busbee, 149 Ga. App. 109, 110 ( 253 S.E.2d 470). See also Osborne Bonding Co. v. State of Ga., 163 Ga. App. 648 ( 295 S.E.2d 577).
Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under subsection (d) of OCGA § 9-11-60 is discretionary and shall be made by application. It follows that this direct appeal from an order denying the bonding company's motion to set aside judgment must be dismissed for lack of jurisdiction. N.C. Constr. Co. v. Action Mobilplatform, 187 Ga. App. 507 ( 370 S.E.2d 800).
Appeal dismissed. Sognier, C. J., and Andrews, J., concur.