Opinion
A23D0051
09-20-2022
ACHDAH REUVEN v. GRIFFIN SPALDING COUNTY LAND BANK AUTHORITY.
The Court of Appeals hereby passes the following order:
Griffin Spalding County Land Bank Authority ("Land Bank") sued Achdah Reuven for breach of contract regarding a real estate transaction. The trial court entered a default judgment against Reuven and awarded Land Bank title to the subject property. Reuven then filed this application for discretionary appeal.
From the limited information included in the application materials, the trial court's order appears to have resolved all pending issues in the case and no provision of the discretionary appeal statute, OCGA § 5-6-35 (a), appears to apply. The order, therefore, appears to be subject to direct appeal. See OCGA § 5-6-34 (a) (1); Camelback Mgmt. Co. v. Phoenix Periodicals, 192 Ga.App. 101, 102 (1) (383 S.E.2d 651) (1989) (stating that a default judgment is a final and directly appealable judgment).
Reuven did not include a copy of Land Bank's complaint with his application materials. Moreover, in violation of this Court's rules, Reuven failed to attach a copy of Land Bank's motion for default judgment. See Court of Appeals Rule 31 (e) ("The applicant shall include with the application a copy of any . . . motion that led directly to the order or judgment being appealed[.]").
We will grant a timely application for discretionary appeal if the lower court's order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Reuven shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. See Wannamaker v. Carr, 257 Ga. 634, 635 (1) (362 S.E.2d 53) (1987). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.