Sallu Jabati v. Ccb2, LLC

Court of Appeals of the State of Georgia ATLANTA,__________________ July 31, 2014 The Court of Appeals hereby passes the following order: A14A2043. SALLU JABATI et al. v. CCB2, LLC. After default judgment was entered against defendants Sallu Jabati and SJ&J Spine and Pain Group, LLC, they filed a motion to set aside the judgment under OCGA § 9-11-60 (d) (3). The trial court denied the motion, and the defendants filed this direct appeal. But an appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) ( 462 SE2d 771 ) (1995). The defendants’ failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 07/31/2014 Clerk’s Office, Atlanta,__________________ 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.