Okekpe v. Commerce Funding Corp.

The majority opinion expressly disapproves any rule that may have been implied, in several cases, contrary to the holding in this case. The holding is that an appeal from a denial of what was in effect a motion under OCGA § 9-11-60 (d) (1) to set aside a domesticated judgment needs the court’s approval pursuant to the discretionary appeal procedure. OCGA § 5-6-35 (a) (8). I totally agree that the direct appeal in this case must be dismissed for failure to follow that procedure. Appellant attempts to directly appeal from what amounts to a denial of a motion to set aside a foreign judgment…