What did the court decide?

The Court of Appeals dismissed the direct appeal because the appellant did not use the required discretionary-appeal procedure.

Who is affected by this decision?

The decision affects the homeowner appellant, Chinh Vo, and similarly situated litigants seeking review of denials of motions to set aside under OCGA § 9-11-60(d).

What happens next for the appellant?

The appellant may seek relief by filing an application for discretionary appeal as required by OCGA § 5-6-35, or pursue other appropriate post-judgment remedies in the trial court if available.

Why was the appeal dismissed instead of decided on the merits?

Because compliance with the discretionary-appeal procedure is jurisdictional, the Court of Appeals could not reach the merits after the appellant failed to follow that procedure.

Chinh Vo v. Bellmoore Park Homeowners Association, Inc.

Docket A26A1614

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 17, 2026 · 2 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1614

Direct appeal from the trial court's February 2026 denial of a motion to set aside under OCGA § 9-11-60(d) following a May 2025 final judgment

Summary

The Georgia Court of Appeals dismissed an appeal by homeowner Chinh Vo challenging the denial of his motion to set aside a May 2025 final judgment in favor of Bellmoore Park Homeowners Association. The court held it lacked jurisdiction because appeals from denials of motions to set aside under OCGA § 9-11-60(d) must proceed by discretionary appeal application under OCGA § 5-6-35(a)(8),(b). Because compliance with the discretionary-appeal procedure is jurisdictional, the court dismissed the direct appeal for failure to follow the required procedure.

Issues Decided

Whether the Court of Appeals has jurisdiction to hear a direct appeal from the denial of an OCGA § 9-11-60(d) motion to set aside a judgment
Whether an appeal from denial of such a motion must be pursued by application for discretionary appeal under OCGA § 5-6-35

Court's Reasoning

The court relied on the statute and precedent establishing that appeals from denials of motions to set aside under OCGA § 9-11-60(d) require seeking discretionary review under OCGA § 5-6-35(a)(8),(b). Prior decisions, including Lemcon USA Corp. v. Icon Tech. Consulting and Smoak v. Dep’t of Human Res., make the discretionary-appeal procedure jurisdictional. Because the appellant filed a direct appeal instead of an application for discretionary appeal, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.

Authorities Cited

OCGA § 9-11-60(d)
OCGA § 5-6-35(a)(8),(b)
Lemcon USA Corp. v. Icon Tech. Consulting301 Ga. 888 (804 SE2d 347) (2017)
Smoak v. Department of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)

Parties

Appellant: Chinh Vo
Appellee: Bellmoore Park Homeowners Association, Inc.
Judge: Court of Appeals of the State of Georgia
Attorney: Clerk, Court of Appeals of Georgia

Key Dates

Final judgment entered: 2025-05-01
Trial court denied motion to set aside: 2026-02-01
Court of Appeals order dismissing appeal: 2026-04-17

What You Should Do Next

1
Consider filing an application for discretionary appeal
Prepare and file an application for discretionary appeal under OCGA § 5-6-35 promptly, following the rules and deadlines for discretionary review.
2
Consult an attorney about post-judgment options
Talk with counsel to confirm whether any trial-court post-judgment relief remains available and to ensure proper procedure for seeking appellate review.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the direct appeal because the appellant did not use the required discretionary-appeal procedure.
Who is affected by this decision?: The decision affects the homeowner appellant, Chinh Vo, and similarly situated litigants seeking review of denials of motions to set aside under OCGA § 9-11-60(d).
What happens next for the appellant?: The appellant may seek relief by filing an application for discretionary appeal as required by OCGA § 5-6-35, or pursue other appropriate post-judgment remedies in the trial court if available.
Why was the appeal dismissed instead of decided on the merits?: Because compliance with the discretionary-appeal procedure is jurisdictional, the Court of Appeals could not reach the merits after the appellant failed to follow that procedure.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

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.