Parker v. Bellamy-Lunda-Dawson

Beasley, Judge.

Plaintiff Parker files this direct appeal from the trial court’s denial of his motion to set aside final judgment following the grant of summary judgment in favor of defendant Bellamy-Lunda-Dawson Construction Company (BLD). BLD moves to dismiss the appeal on the basis that Parker failed to petition this Court for leave to appeal under OCGA § 5-6-35 (a) (8) and Court of Appeals Rule 40 (8).

Parker filed suit against BLD, the general contractor for construction on a portion of interstate near the Capital Avenue exit ramp, alleging that BLD caused the excavation of a large hole at…