Opinion
A23A0013
08-11-2022
PEACHTREE TALLULAH, LLC v. SNAPFINGER PROPERTIES OF MARIETTA, LLC.
The Court of Appeals hereby passes the following order:
Following the voluntary dismissal of all claims and counterclaims in this civil case, the defendant, Peachtree Tallulah, LLC, filed a motion for attorney fees pursuant to OCGA § 9-15-14. The trial court denied the motion, and Peachtree Tallulah filed this direct appeal. We, however, lack jurisdiction.
"[A]n application for [a discretionary] appeal is required when 'the underlying subject matter' of the appeal is listed in OCGA § 5-6-35 (a)[.]" Avren v. Garten, 289 Ga. 186, 192 (7) (710 S.E.2d 130) (2011). The underlying subject matter of this appeal - the award of attorney fees pursuant to OCGA § 9-15-14 - is listed in OCGA § 5-6-35(a) (10). See also Swanson v. Swanson, 216 Ga.App. 406, 406 (454 S.E.2d 529) (1995) (on motion for reconsideration) (OCGA § 5-6-35(a) (10) requires a party seeking to appeal the denial of its motion for attorney fees under OCGA § 9-15-14 to file an application for a discretionary appeal). Peachtree Tallulah, therefore, was required to follow the discretionary appeal procedure, and its failure to do so deprives us of jurisdiction. Capricorn Systems v. Godavarthy, 253 Ga.App. 840, 841 (560 S.E.2d 730) (2002). Accordingly, this appeal is hereby DISMISSED.