DAQUISHA BARBER v. HPA II BORROWER 2020-2, LLC
CourtCourt of Appeals of Georgia
Date FiledSeptember 21, 2026
DocketA27A0357
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 21, 2026
The Court of Appeals hereby passes the following order:
A27A0357. DAQUISHA BARBER v. HPA II BORROWER 2020-2, LLC et al.
Daquisha Barber, the defendant in this dispossessory action, filed a motion to
set aside the state court’s consent judgment pursuant to OCGA § 9-11-60(d). The
court denied the motion, and Barber filed this direct appeal. We 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, pretermitting other potential
jurisdictional defects, Barber’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,____________________
09/21/2026
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.