RICKY R. FRANKLIN v. CARRINGTON MORTGAGE SERVICES, LLC
Docket A26A1766
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1766
Direct appeal from a trial-court order awarding attorney fees under OCGA § 9-15-14(b)
Summary
The Court of Appeals dismissed Ricky R. Franklin’s direct appeal of a trial-court award of attorney fees to Carrington Mortgage Services, LLC and Wilmington Savings Fund Society because the appeal should have been pursued by filing an application for discretionary review under Georgia law. The trial court had awarded $14,354.50 in fees under OCGA § 9-15-14(b), and denied Franklin’s motions for a new trial and to set aside the fee award. The appellate court concluded it lacked jurisdiction because Franklin did not follow the mandatory discretionary appeals procedure required for appeals of attorney-fee awards.
Issues Decided
- Whether the Court of Appeals has jurisdiction over a direct appeal of a trial-court order awarding attorney fees under OCGA § 9-15-14(b).
- Whether failure to file an application for discretionary review under OCGA § 5-6-35 requires dismissal of the appeal.
Court's Reasoning
Georgia law requires appeals of attorney-fee awards under OCGA § 9-15-14 to be initiated by an application for discretionary review under OCGA § 5-6-35. Compliance with that discretionary appeals procedure is jurisdictional, and failure to follow it deprives the Court of Appeals of authority to decide the matter. Because Franklin did not file the required application, the court dismissed the appeal for lack of jurisdiction.
Authorities Cited
- OCGA § 9-15-14(b)
- OCGA § 5-6-35
- Low v. Swift367 Ga. App. 874 (889 SE2d 122) (2023)
- Hair Restoration Specialists v. State of Ga.360 Ga. App. 901 (862 SE2d 564) (2021)
- Evans v. Jackson368 Ga. App. 170 (889 SE2d 343) (2023)
Parties
- Appellant
- Ricky R. Franklin
- Appellee
- Carrington Mortgage Services, LLC
- Appellee
- Wilmington Savings Fund Society, FSB as Trustee of Stanwich Mortgage Loan Trust H
- Judge
- Court of Appeals of the State of Georgia (Clerk's Office)
Key Dates
- Court decision
- 2026-04-23
- Trial court attorney-fee award
- 2025-10-01
What You Should Do Next
- 1
Consult appellate counsel immediately
An attorney can check whether a timely application for discretionary review or other post-judgment remedies remain available and advise on deadlines and strategy.
- 2
Evaluate available appellate options
Determine whether a motion for reconsideration, an application for discretionary review (if still timely), or review in the Supreme Court of Georgia is possible given the timelines and procedural rules.
- 3
Comply with fee award pending further relief
Unless and until a proper appellate avenue stays the fee award, consider complying with the trial-court order or seeking a stay from the trial court to avoid enforcement actions.
Frequently Asked Questions
- What did the Court of Appeals decide?
- The court dismissed the direct appeal because Franklin did not file the required application for discretionary review for an attorney-fee award.
- Who is affected by this decision?
- Ricky R. Franklin (the appellant) and the fee award recipients, Carrington Mortgage Services and Wilmington Savings Fund Society, are directly affected because the appeal cannot proceed in the Court of Appeals.
- What happens next procedurally?
- Franklin may need to consider whether any further review is available, such as seeking permission for discretionary review or other appropriate remedies, subject to applicable deadlines and rules.
- Why was the appeal dismissed instead of decided on the merits?
- Georgia law makes filing an application for discretionary review jurisdictional for this type of appeal; because that step was not taken, the court had to dismiss rather than reach the underlying merits.
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 23, 2026
The Court of Appeals hereby passes the following order:
A26A1766. RICKY R. FRANKLIN v. CARRINGTON MORTGAGE
SERVICES, LLC et al.
In October 2025, the trial court awarded defendants Carrington Mortgage
Services, LLC and Wilmington Savings Fund Society, FSB as Trustee of Stanwich
Mortgage Loan Trust H’s motion for attorney fees pursuant to OCGA § 9-15-14(b),
and ordered plaintiff Ricky R. Franklin to pay $14,354.50 in attorney fees and costs.
Franklin moved for a new trial and to set aside the attorney fee award. The trial court
denied Franklin’s motions, and he filed this direct appeal. We, however, lack
jurisdiction.
An appeal from a trial court order awarding attorney fees under OCGA §
9-15-14 must be initiated by filing an application for discretionary review. OCGA §
5-6-35 (a)(10), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023).
“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 “[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).
Franklin’s failure to comply with the discretionary appeals procedure deprives
us of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/23/2026
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.