Roof Partners, LLC v. Transamerica Life Insurance Company
CourtCourt of Appeals of Georgia
Date FiledOctober 19, 2026
DocketA27D0229
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 19, 2026
The Court of Appeals hereby passes the following order:
A27D0228. ROOF PARTNERS, LLC v. TRANSAMERICA FINANCIAL LIFE
INSURANCE COMPANY.
A27D0229. ROOF PARTNERS, LLC v. TRANSAMERICA LIFE
INSURANCE COMPANY.
Roof Partners, LLC filed separate garnishment actions against Transamerica
Financial Life Insurance Company (“TFLIC”) and Transamerica Life Insurance
Company (“TLIC”). After the trial court entered default judgments against TFLIC
and TLIC, they filed motions to set aside the default judgments, which the trial court
denied. TFLIC and TLIC filed applications for discretionary review of the trial
court’s orders, which this Court granted. Case Nos. A26D0358 & A26D0359 (Mar.
10, 2026). TFLIC’s direct appeal of the trial court’s order denying its motion to set
aside is pending as Case No. A27A0054, and TLIC’s direct appeal of the trial court’s
order denying its motion to set aside is pending as Case No. A27A0059.
Roof Partners filed a motion for supersedeas bond in both cases, and the trial
court issued orders granting the motions in part and denying them in part. In Case No.
A27D0228, Roof Partners filed a timely application for discretionary review of the
order on supersedeas bond as to TFLIC. In Case No. A27D0229, Roof Partners filed
a timely application for discretionary review of the order on supersedeas bond as to
TLIC.
OCGA § 5-6-35(a)(4) provides that “[a]ppeals from cases involving
garnishment or attachment” are subject to the discretionary application procedure.
However, “[i]n general, if a party has a pending and proper direct appeal of a trial
court order or final judgment, and the trial court requires the party to post a
supersedeas bond pending the appeal, then the party has a right to directly appeal the
supersedeas bond order, and the two appeals are consolidated.” Athens Heart Center
v. Molina, 370 Ga. App. 190, 191 n.3 (895 SE2d 518) (2023). See also Winchell v.
Winchell, 352 Ga. App. 306, 313(3) n.10 (835 SE2d 6) (2019). Because there are
pending and proper direct appeals of the trial court’s orders denying TFLIC’s and
TLIC’s motions to set aside default judgment, the trial court’s orders on supersedeas
bond are subject to direct appeal.
This Court will grant a timely application for discretionary appeal if the lower
court’s order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, Roof
Partners’s discretionary application in Case No. A27D0228, and Roof Partners’s
discretionary application in Case No. A27D0229, are hereby GRANTED. Roof
Partners shall have ten days from the date of this order to file notices of appeal with
the trial court, if it has not already done so. See OCGA § 5-6-35(g). The clerk of the
trial court is DIRECTED to include a copy of this order in the record transmitted to
the Court of Appeals.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/19/2026
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.