Opinion
A24A0261
09-21-2023
BENJAMIN SINCLAIR HOLLBERG, SR. v. SHIRLEY MORRISON HOLLBERG.
The Court of Appeals hereby passes the following order:
Benjamin Sinclair Hollberg, Sr., filed suit against Shirley Morrison Hollberg for alleged violations of the notary code of conduct. The trial court granted Shirley's motion for summary judgment, and Benjamin withdrew his subsequent appeal. See Case No. A23A1380 (May 16, 2023). On July 11, 2023, the trial court awarded Shirley attorney fees pursuant to OCGA § 9-15-14 (a) and (b), and Benjamin filed this direct appeal. We lack jurisdiction.
An application for discretionary appeal is required to seek review of an award of attorney fees under OCGA § 9-15-14 when the only judgment being appealed is the fee award. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga.App. 840, 841-842 (560 S.E.2d 730) (2002). Benjamin's failure to comply with the discretionary appeal procedure in seeking review of the OCGA § 9-15-14 award deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Capricorn Systems, 253 Ga.App. at 842.