Eric Keith Jefferson v. Frankenmuth Insurance Company - Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed Eric Keith Jefferson's appeal against Frankenmuth Insurance Company. The court found Jefferson's notice of appeal was untimely filed 178 days after the trial court's judgment and that an application for discretionary appeal was required for the denial of his motion to set aside the judgment, which was not filed.
What changed
The Georgia Court of Appeals has dismissed the appeal filed by Eric Keith Jefferson in the case against Frankenmuth Insurance Company. The dismissal is based on two primary grounds: the untimeliness of Jefferson's notice of appeal, which was filed 178 days after the trial court's August 11, 2025, judgment of $59,250.38, and the failure to file an application for discretionary appeal following the denial of his motion to set aside or vacate the judgment. The court cited OCGA § 5-6-38(a) for the timeliness requirement and OCGA § 5-6-35(a)(8) and (b) for the discretionary appeal requirement.
This ruling means that Jefferson's attempt to appeal the trial court's decision is now procedurally barred. Regulated entities and legal professionals involved in litigation should ensure strict adherence to appellate filing deadlines and the correct procedural pathways for appealing interlocutory orders or denials of motions to vacate judgments. Failure to comply with these jurisdictional requirements, as demonstrated in this case, will result in the dismissal of the appeal, leaving the lower court's decision in full effect.
What to do next
- Review appellate procedure rules for timeliness and application requirements.
- Ensure all notices of appeal are filed within the statutory 30-day period.
- File applications for discretionary appeals when required for specific types of orders.
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March 27, 2026 Get Citation Alerts Download PDF Add Note
Eric Keith Jefferson v. Frankenmuth Insurance Company as Subrogee of Sellers Construction Company, LLC
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1318
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 27, 2026
The Court of Appeals hereby passes the following order:
A26A1318. ERIC KEITH JEFFERSON v. FRANKENMUTH INSURANCE
COMPANY AS SUBROGEE OF SELLERS CONSTRUCTION
COMPANY, LLC.
Frankenmuth Insurance Company filed a subrogation action against Eric Keith
Jefferson and Roomes Trucking, LLC. On August 11, 2025, after the defendants failed
to timely answer the complaint, the trial court entered judgment against Jefferson in
the principal amount of $59,250.38, plus costs. Jefferson filed a motion to set aside or
vacate the judgment, along with a motion to stay enforcement of it. The trial court
denied both motions and, on February 5, 2026, Jefferson filed his notice of appeal.
Frankenmuth has filed a motion to dismiss the appeal, arguing that this Court lacks
jurisdiction. We agree.
A notice of appeal ordinarily must be filed within 30 days of entry of the
judgment or trial court order sought to be appealed. OCGA § 5-6-38(a). Jefferson’s
February 5 notice of appeal — filed 178 days after the trial court’s entry of the final
judgment — is untimely as to that order.
Furthermore, an appeal from the denial of a motion to vacate or set aside a
judgment 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).
Accordingly, Frankenmuth’s motion is GRANTED and this appeal is hereby
DISMISSED. Given our ruling, Jefferson’s motion to stay enforcement of the
judgment is rendered moot.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/27/2026
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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