Peachtree Tallulah, LLC v. Snapfinger Properties of Marietta, LLC

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 11, 2022

The Court of Appeals hereby passes the following order:

A23A0013. PEACHTREE TALLULAH, LLC v. SNAPFINGER PROPERTIES OF MARIETTA, LLC.

Following the voluntary dismissal of all claims and counterclaims in this civil case, the defendant, Peachtree Tallulah, LLC, filed a motion for attorney fees pursuant to OCGA § 9-15-14. The trial court denied the motion, and Peachtree Tallulah filed this direct appeal. We, however, lack jurisdiction. “[A]n application for [a discretionary] appeal is required when ‘the underlying subject matter’ of the appeal is listed in OCGA § 5-6-35 (a)[.]” Avren v. Garten, 289 Ga. 186, 192 (7) (710 SE2d 130) (2011). The underlying subject matter of this appeal — the award of attorney fees pursuant to OCGA § 9-15-14 — is listed in OCGA § 5-6-35(a) (10). See also Swanson v. Swanson, 216 Ga. App. 406, 406 (454 SE2d 529) (1995) (on motion for reconsideration) (OCGA § 5-6-35(a) (10) requires a party seeking to appeal the denial of its motion for attorney fees under OCGA § 9-15-14 to file an application for a discretionary appeal). Peachtree Tallulah, therefore, was required to follow the discretionary appeal procedure, and its failure to do so deprives us of jurisdiction. Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841 (560 SE2d 730) (2002). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/11/2022 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.