Achdah Reuven v. Griffin Spalding County Land Bank Authority

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 20, 2022

The Court of Appeals hereby passes the following order:

A23D0051. ACHDAH REUVEN v. GRIFFIN SPALDING COUNTY LAND BANK AUTHORITY.

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,1 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 SE2d 651) (1989) (stating that a default judgment is a final and directly appealable judgment). 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,

1 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[.]”).

257 Ga. 634, 635 (1) (362 SE2d 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.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/20/2022 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.