Opinion
A24A1552
07-03-2024
JOE DURHAM v. JASON SMITH, et al
The Court of Appeals hereby passes the following order:
In this civil action, Joe Durham filed this direct appeal from the trial court's order awarding OCGA § 9-15-14 (a) and (b) attorney fees to defendant Brandon Classon. We lack jurisdiction.
Although Classon also sought attorney fees under OCGA § 9-11-11.1, the trial court specifically did not award fees under that statute.
In his notice of appeal, Durham states he is also seeking to appeal a September 14, 2023 order denying his motion to disqualify Watson Spence, LLP from serving as counsel for Classon, to strike all filings by Watson Spence, and for attorney fees. However, Durham sought and was denied a certificate of immediate review of that interlocutory order.
An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga.App. 840, 841-842 (560 S.E.2d 730) (2002). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996).
Consequently, Durham's failure to follow the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.