Ronald Pace v. Synergy Investing, LLC

Court of Appeals of the State of Georgia ATLANTA,____________________ November 02, 2026 The Court of Appeals hereby passes the following order: A27A0682. RONALD PACE v. SYNERGY INVESTING, LLC. In this action for specific performance and breach of contract, the trial court entered a final judgment in favor of Synergy Investing, LLC. Appearing pro se, Ronald Pace filed a motion to set aside the judgment based on improper service and fraud, grounds set forth in OCGA § 9-11-60(d). The trial court denied Pace’s motion, and he filed a notice of appeal to this Court. We, however, lack jurisdiction. The denial of a motion to set aside under OCGA § 9-11-60(d) must be brought by application for discretionary review. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Compliance with the discretionary appeal procedure is jurisdictional. Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Pace’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/02/2026 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.