Blue Conglomeration, LLC v. Fleetmatics USA

Court of Appeals of the State of Georgia ATLANTA,____________________ July 16, 2015 The Court of Appeals hereby passes the following order: A15A2088. BLUE CONGLOMERATION, LLC v. FLEETMATICS USA. After default judgment was entered against defendant Blue Conglomeration, LLC, it filed a motion to set aside the judgment under OCGA § § 9-11-60 (d) (1), (2), and (3). The trial court denied the motion, and the defendant filed this direct appeal. We lack jurisdiction. 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 defendant’s 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 07/16/2015 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.