Bright Auto World, LLC v. Torry N. Robinson
── Bright Auto World, LLC v. Torry N. Robinson ──
Court: Court of Appeals of Georgia
Date: May 15, 2026
Category: General
Court of Appeals
of the State of Georgia
ATLANTA,____________________
May 15, 2026
The Court of Appeals hereby passes the following order:
A26A1999. BRIGHT AUTO WORLD, LLC v. TORRY N. ROBINSON.
Bright Auto World, LLC filed a petition to set aside a default judgment under
OCGA § 9-11-60(d). The trial court denied the petition, and Bright Auto World
appealed directly to this Court. The appellee, Torry Robinson, has filed a motion to
dismiss the appeal on the basis that the case is subject to the discretionary appeals
procedure. We agree.
An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d)
must be initiated by filing an application for discretionary review. OCGA §
5-6-35(a)(8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892
(804 SE2d 347) (2017). Compliance with the discretionary appeals procedure is
jurisdictional. Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d
60) (1996). Because Bright Auto World failed to follow the required appellate
procedure, the motion to dismiss is GRANTED, and this appeal is hereby
DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/15/2026
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.
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}