Lemcon USA Corporation v. Icon Technology Consulting, Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ February 03, 2016 The Court of Appeals hereby passes the following order: A16A0804. LEMCON USA CORPORATION v. ICON TECHNOLOGY CONSULTING, INC. Icon Technology Consulting, Inc. (“Icon”) obtained a default judgment against Lemcon USA Corporation (“Lemcon”) in Missouri. Icon then brought suit in Georgia to enforce the foreign judgment. Lemcon filed a motion in Georgia to set aside the Missouri default judgment. The trial court denied the motion, and Lemcon filed this direct appeal. We lack jurisdiction. “[T]he proper method for attacking a foreign judgment filed in Georgia under the [Uniform Enforcement of Foreign Judgments Act] is a motion to set aside under OCGA § 9-11-60 (d).” Noaha, LLC v. Vista Antiques & Persian Rugs, Inc., 306 Ga. App. 323, 326 (1) ( 702 SE2d 660 ) (2010) (punctuation omitted). And an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 ( 640 SE2d 688 ) (2006). Under these circumstances, we lack jurisdiction to entertain this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 02/03/2016 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.