Opinion
A22A1491
06-13-2022
TERRY SMITH v. CREEKSIDE MANOR HOMEOWNERS' ASSOCIATION, INC.
The Court of Appeals hereby passes the following order:
On December 2, 2021, Creekside Manor Homeowners' Association, Inc. and Terry Smith entered into a consent judgment whereby Creekside would accept $8,000 in full satisfaction of monies owed by Smith and Smith would accept $500 to settle his counterclaim. Thereafter, Smith filed a pro se motion to vacate, alleging that he did not consent to the judgment. The trial court denied the motion, and Smith filed this direct appeal. Creekside has filed a motion to dismiss, asserting that this Court lacks jurisdiction over the appeal. We agree.
First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal "in all actions for damages in which the judgment is $10,000.00 or less[.]" Jennings v. Moss, 235 Ga.App. 357, 357 (509 S.E.2d 655) (1998). Second, Smith's motion to vacate was really one to set aside pursuant OCGA § 9-11-60 (d), and the denial of a motion under OCGA § 9-11-60 (d) must also be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga.App. 116, 116 (640 S.E.2d 688) (2006). "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). Because Smith failed to follow the requisite discretionary application procedure, we lack jurisdiction to consider this appeal.
For these reasons, Creekside's motion to dismiss is GRANTED, and this appeal is hereby DISMISSED.