Atlanta Birth Center v. Gre Midtown, LLC - Appeal Dismissed

GA Court of Appeals Opinions

Filed March 18th, 2026

Detected March 18th, 2026

Summary

The Georgia Court of Appeals dismissed the appeal filed by Atlanta Birth Center, Inc. against Gre Midtown, LLC. The dismissal was due to the appellant's failure to follow the correct procedure for discretionary appeals, specifically not filing an application as required by OCGA § 5-6-35(a)(8).

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What changed

The Georgia Court of Appeals has dismissed the direct appeal filed by Atlanta Birth Center, Inc. (ABC) concerning a default judgment of $317,216.04 awarded to Gre Midtown, LLC for unpaid rent. The court found that it lacked jurisdiction because the ABC failed to file an application for discretionary appeal, which is required for appeals from the denial of a motion to set aside a judgment under OCGA § 9-11-60. This procedural defect is jurisdictional.

Legal professionals representing parties in Georgia civil appeals must ensure compliance with the discretionary appeal application process outlined in OCGA § 5-6-35(a)(8) when appealing orders denying motions to vacate or set aside judgments. Failure to do so will result in the dismissal of the appeal, as demonstrated in this case. No specific compliance deadline is applicable as this pertains to an existing legal proceeding and procedural requirement.

What to do next

Review internal procedures for filing appeals from orders denying motions to set aside judgments to ensure compliance with OCGA § 5-6-35(a)(8).

Source document (simplified)

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March 18, 2026 Get Citation Alerts Download PDF Add Note

Atlanta Birth Center, Inc. v. Gre Midtown, LLC

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1460
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 18, 2026

The Court of Appeals hereby passes the following order:

A26A1460. ATLANTA BIRTH CENTER, INC. v. GRE MIDTOWN, LLC.

GRE Midtown, LLC filed suit to collect unpaid rent under its commercial lease
agreement with the Atlanta Birth Center, Inc. (“the ABC”). After the ABC failed to
file an answer, the trial court granted GRE Midtown’s motion for default judgment
and entered judgment against the ABC in the principal amount of $317, 216.04. The
ABC filed a motion to set aside under OCGA § 9-11-60. The trial court denied that
motion, and the ABC filed this direct appeal. We lack jurisdiction.
An appeal from the denial of a motion to vacate or set aside requires the filing
of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis
Atlanta v. Adamson, 283 Ga. App. 116, 116-17 (640 SE2d 688) (2006). “Compliance
with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists
v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and
punctuation omitted). And, the “[f]ailure to file an application when one is necessary
requires that the appeal be dismissed.” Evans v. Jackson, 368 Ga. App. 170, 173(1)(b)
(889 SE2d 343) (2023) (citation and punctuation omitted).
Because this Court lacks jurisdiction, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/18/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.

, Clerk.