MICHAEL A. BYRD v. JESSIQUE OMSTEAD
CourtCourt of Appeals of Georgia
Date FiledJuly 9, 2026
DocketA26A2302
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 09, 2026
The Court of Appeals hereby passes the following order:
A26A2302. MICHAEL A. BYRD v. JESSIQUE OMSTEAD et al.
In this civil action, the trial court issued a default judgment against Michael A.
Byrd on February 21, 2025. Byrd moved to set aside the judgment pursuant to
OCGA § 9-11-60(d). Byrd also moved to stay post-judgment discovery, and to quash
the deposition of non-party The TDM Group Inc. In separate orders entered on April
21, 2026, the trial court denied each of these motions, and Byrd now brings this direct
appeal of all three orders. We lack jurisdiction.
As to the trial court’s orders denying Byrd’s motions to stay post-judgment
discovery and to quash deposition, Byrd “was required to comply with the
interlocutory appeal procedures — including obtaining a certificate of immediate
review from the trial court — to appeal.”Drain v. Lee, 350 Ga. App. 327, 328 (825
SE2d 927) (2019); see also Hickey v. RREF BB SBL Acquisitions, LLC, 336 Ga. App.
411, 411–12(1) (785 SE2d 72) (2016) (“We have applied to post-judgment discovery
the general rule that orders regarding discovery during the pendency of litigation must
be appealed under the application procedures outlined in OCGA § 5-6-34 (b).”)
(citation and quotation marks omitted).
As to the trial court’s order denying Byrd’s motion to set aside, discretionary
appeal procedures are required to appeal the denial of a motion to set aside a judgment
filed under OCGA § 9-11-60(d). OCGA § 5-6-35(a)(8). Compliance with the
discretionary appeals procedure is jurisdictional. Smoak v. Dep’t of Human Res., 221
Ga. App. 257, 257 (471 SE2d 60) (1996); see also Islamkhan v. Khan, 299 Ga. 548,
551(2) (787 SE2d 731) (2016) (same as to interlocutory appeal procedures). Byrd’s
failure to follow any of the applicable appeal procedures deprives us of jurisdiction
over this direct appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/09/2026
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.