MMT ENTERPRISES, INC. v. Cullars

I agree that the appeal must be dismissed for failure to follow the discretionary appeal procedure. OCGA § 5-6-35 (a) (8) requires that permission be obtained to appeal from the denial of a motion to set aside a judgment brought pursuant to OCGA § 9-11-60 (d). See, e.g., Manley v. Jones, 203 Ga. App. 173 (416 SE2d 744) (1992). Compare Leventhal v. Moseley, 264 Ga. 891 (453 SE2d 455) (1995), which recognizes that a direct appeal lay from an order on what was in effect a motion to correct a clerical error pursuant to OCGA § 9-11-60 (g) and not, as denominated by defendants, a motion to set…