Fabe v. Floyd

On Motion for Rehearing.

1. Fabe’s motion for rehearing asserts we erred in holding his failure to follow the discretionary appeals procedure deprived this court of jurisdiction to consider the issues in Division 1 above. He argues these issues were preserved as the trial court denied his motions to the same effect earlier in the proceedings and because he did not invoke OCGA § 9-11-60 (d) in his post-trial motion.

While Fabe asserted these issues earlier in the proceedings, he also unquestionably asserted these points in his post-trial motion, which was entitled, “Motion to Set Aside and…