Fred Fender v. Branch Banking and Trust Co.

Court of Appeals
of the State of Georgia

                                       ATLANTA,____________________
                                                 December 11, 2014

The Court of Appeals hereby passes the following order:

A15A0677. FRED FENDER v. BRANCH BANKING AND TRUST CO.

      This case originated when Branch Banking and Trust Co. applied for
confirmation of a foreclosure sale against Fred Fender. After the court entered an
order confirming the sale, Fender moved to set aside the judgment pursuant to OCGA
§ 9-11-60 (d). The court denied his motion, and Fender then filed this direct appeal.
We, however, lack jurisdiction.
      An appeal from an order denying a motion to set aside a judgment 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, 

 (

) (2006). Fender’s failure to comply with the requisite appellate procedure
deprives this Court of jurisdiction over his appeal, which is hereby DISMISSED.

                                       Court of Appeals of the State of Georgia
                                                                            12/11/2014
                                              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.