Sade Cody v. Jason Allen Katz

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 02, 2018

The Court of Appeals hereby passes the following order: A19A0562. SADE CODY v. JASON ALLEN KATZ et al.

After the jury returned a verdict in favor of plaintiff Sade Cody in this civil action, the trial court entered final judgment in favor of Cody and issued a separate order granting the defendants’ motion for OCGA § 9-15-14 attorney fees. Cody then filed a notice of appeal from the attorney fee award. The defendants have filed a motion to dismiss the appeal. An appeal from a trial court order awarding § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Although a discretionary application is not required to appeal a § 9-15-14 fee award that is “appealed along with other, directly appealable matters,” no directly appealable matters have been appealed in this case. See Ledford v. Mobley, 321 Ga. App. 761, 762 (743 SE2d 461) (2013). Thus, Cody’s failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal. See Ledford, 321 Ga. App. at 762; Capricorn Systems, Inc., 253 Ga. App. at 842. Consequently, the defendants’

motion to dismiss the appeal is GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/02/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.