TMS Insurance Agency, Inc. v. Galloway

Beasley, Judge.

This case is before the court pursuant to direct appeal and our grant of plaintiff/counter-defendant TMS Insurance Agency’s application for discretionary appeal, from an order denying its motion to set aside a judgment under OCGA § 9-11-60 (d). OCGA § 5-6-35 (a) (8) “makes it clear that an application must be filed to appeal from an order denying a motion to set aside a judgment.” State Farm &c. Ins. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39) (1989). The appeal in Case No. A92A1594 is accordingly dismissed. The issue is whether TMS’ failure to receive notice either of a hearing…