Chinh Vo v. Bellmoore Park Homeowners Association, Inc. - Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed Chinh Vo's direct appeal in a homeowners' association dispute, finding the court lacked jurisdiction. The appellant filed a direct appeal from the denial of a motion to set aside judgment, but appeals from such denials require a discretionary application under OCGA § 5-6-35(a)(8). The case was dismissed because Vo failed to follow the mandatory discretionary appeals procedure.
What changed
The Court of Appeals dismissed the appeal in Case No. A26A1614 because the appellant procedurally bypassed the required discretionary application process. Under Georgia law, appeals from denials of motions to set aside under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary appeal under OCGA § 5-6-35(a)(8). The court found it lacked jurisdiction to hear the direct appeal.
For practitioners and parties appearing before Georgia courts, this case reinforces that strict compliance with appellate procedural requirements is jurisdictional. Failure to follow the correct appeal route—even when the underlying dispute has merit—will result in dismissal. Homeowners and HOA members should consult qualified legal counsel to ensure proper procedural steps are followed when appealing adverse decisions.
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Apr 17, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 17, 2026 Get Citation Alerts Download PDF Add Note
Chinh Vo v. Bellmoore Park Homeowners Association, Inc.
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1614
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 17, 2026
The Court of Appeals hereby passes the following order:
A26A1614. CHINH VO v. BELLMOORE PARK HOMEOWNERS
ASSOCIATION, INC.
In this homeowners’ association dispute, the trial court entered final judgment
in favor of the association in May 2025, and the homeowner, Chinh Vo, filed a motion
to set aside under OCGA § 9-11-60(d). After the trial court denied the motion in
February 2026, Vo filed this direct appeal. We lack jurisdiction, because an appeal
from the denial of a motion to set aside under OCGA § 9-11-60(d) requires the filing
of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Lemcon USA
Corp. v. Icon Tech. Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017). Compliance
with the discretionary appeals procedure is jurisdictional. Smoak v. Dep’t of Human
Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, this appeal is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/17/2026
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.
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