Debra Laney v. Park Glenn Community Association, Inc.

CourtListener 10785168GactappFeb 6, 2026

Full text

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 06, 2026

The Court of Appeals hereby passes the following order:

A26A1189. DEBRA LANEY v. PARK GLENN COMMUNITY
ASSOCIATION, INC.

The trial court ordered Debra Laney to pay attorney fees to Park Glenn
Community Association, Inc. under OCGA § 9-15-14. Laney filed an application for
discretionary review of the fee award, which this Court denied. See Case No.
A26D0108 (Oct. 23, 2025). Laney also filed a motion in the trial court to vacate the
fee award under OCGA § 9-11-60(d). The trial court denied that motion, and Laney
filed this direct appeal. We, however, lack jurisdiction.
An appeal from the denial of a motion to vacate or set aside under OCGA §
9-11-60(d) requires the filing of an application for discretionary appeal. 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 appeals procedure is jurisdictional.” Hair
Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021)
(citation and punctuation omitted). Thus, “[f]ailure to file an application when one
is necessary requires that the appeal be dismissed.” Evans v. Jackson, 368 Ga. App.
170, 173(1) (889 SE2d 343) (2023) (citation and punctuation omitted).
In light of Laney’s failure to follow the required appellate procedure, this appeal
is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/06/2026
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.

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