alabama/georgia Bonding Company v. State of Georgia

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 20, 2015

The Court of Appeals hereby passes the following order:

A15A0741. ALABAMA/GEORGIA BONDING COMPANY v. STATE OF GEORGIA.

After judgment of a criminal bond forfeiture pursuant to OCGA § 17-6-71 (b) was entered June 12, 2014, Alabama/Georgia Bonding Company filed no direct appeal, but moved to set aside the judgment.1 At a hearing on its motion, the bonding company contended that it had not received notice of a dispositive hearing and that, therefore, judgment had been entered in contravention of its due process rights to notice.2 On September 3, 2014, the trial court denied the motion to set aside. And within 30 days thereof, the bonding company filed a notice of appeal.

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment is discretionary and shall be made by application.3 This direct

1 See generally Anytime Bail Bonding v. State of Ga., 299 Ga. App. 695, 696 (1) (683 SE2d 358) (2009) (holding that a final judgment of forfeiture pursuant to OCGA § 17-6-71 (b) is directly appealable); but see N. C. Constr. Co. v. Action Mobilplatform, 187 Ga. App. 507 (370 SE2d 800) (1988) (reiterating that a motion to set aside a final judgment does not extend the time for filing a notice of appeal). 2 See Crenshaw v. Crenshaw, 267 Ga. 20, 21 (2) (471 SE2d 845) (1996) (“Where a judgment is entered in contravention of a party’s due process rights to notice, a trial court is authorized to set the judgment aside under OCGA § 9-11-60 (d).”) (footnote omitted). 3 See Citation Bonding Co. v. State of Ga., 199 Ga. App. 868 (406 SE2d 289) (1991) (“Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a

appeal from an order denying the bonding company’s motion to set aside judgment is thus DISMISSED for lack of jurisdiction.4

Court of Appeals of the State of Georgia 05/20/2015 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.

motion to set aside a judgment under subsection (d) of OCGA § 9-11-60 is discretionary and shall be made by application.”). 4 Citation Bonding Co., supra. Cf. Crenshaw, supra (reaching merits of discretionary appeal from denial of motion to set aside, where party received no notice of dispositive hearing); A. A. Professional Bail v. State of Ga., 265 Ga. App. 42 (592 SE2d 866) (2004) (reaching merits of discretionary appeal from denial of motion to set aside a bond forfeiture order); A. A. Professional Bail v. State of Ga., 279 Ga. App. 113-114 (630 SE2d 620) (2006) (reaching merits of discretionary appeal from denial of motion to set aside a bond forfeiture order).