Background
Emmanuel Ramon Furaodd, acting as executor of the Emmanual Ramon Family of Furaodd Estate, petitioned for a temporary restraining order and injunctive relief against JP Morgan Chase Bank, N.A., and the bank’s legal representative.
The trial court dismissed the action in December 2025. Furaodd then moved to set aside that judgment under OCGA § 9-11-60(d), but the trial court denied the motion. He filed a direct appeal from that denial.
The Court’s Holding
The Court of Appeals of Georgia dismissed the appeal for lack of jurisdiction. An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) must be pursued through an application for discretionary review, not a direct appeal.
Because compliance with Georgia’s discretionary-appeal procedure is jurisdictional and Furaodd did not use that procedure, the court could not consider the appeal.
Key Takeaways
- A denial of a motion to set aside under OCGA § 9-11-60(d) requires a discretionary-appeal application.
- A direct appeal does not invoke the Court of Appeals’ jurisdiction in this posture.
- Failure to follow the required appellate procedure results in dismissal.
Why It Matters
The order underscores that the method of seeking appellate review can be dispositive. Parties challenging the denial of a motion to set aside must use Georgia’s discretionary-appeal process or risk dismissal without review of the merits.