What did the court decide?

The Court of Appeals dismissed the appeal because the appellant did not use the required discretionary-review procedure for fee awards under Georgia law.

Who is affected by this decision?

Scott Bolles (the appellant) is affected because his appeal was dismissed; GEICO, as the fee recipient, remains unaffected by any appellate review because the dismissal was procedural.

Does this mean the fee award is invalid?

No. The dismissal was for lack of appellate jurisdiction, not a ruling on the validity of the trial court's fee award, so the fee award stands unless challenged through the correct discretionary-review process or other appropriate means.

Can this dismissal be appealed further?

The dismissal itself is a final action denying jurisdiction; the proper next step would be to seek discretionary review as required by OCGA § 5-6-35 rather than a direct appeal.

Scott Bolles v. Geico Indemnity Company

Docket A26A1694

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

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Civil
Disposition: Dismissed
Docket: A26A1694

Direct appeal from the trial court's grant of OCGA § 9-15-14(b) attorney fees to GEICO Indemnity Company

Summary

The Georgia Court of Appeals dismissed Scott Bolles’s appeal of a trial court award of attorney fees to GEICO Indemnity Company because the appellant failed to pursue the required discretionary-review procedure. Under Georgia law, orders granting fees under OCGA § 9-15-14 must be appealed by application for discretionary review; ordinary appeals are not permitted. Because Bolles did not follow that jurisdictional procedure, the Court concluded it lacked authority to hear the case and dismissed the appeal without reaching the merits of the fee award.

Issues Decided

Whether the Court of Appeals has jurisdiction over a direct appeal of an attorney-fee award under OCGA § 9-15-14(b)
Whether failure to seek discretionary review under OCGA § 5-6-35 deprives the Court of Appeals of jurisdiction

Court's Reasoning

Georgia law requires appeals of trial-court fee awards under OCGA § 9-15-14 to proceed by application for discretionary review. That procedural route is jurisdictional, so noncompliance means the appellate court lacks power to consider the appeal. Because Bolles did not follow the discretionary-appeal procedure, the Court dismissed the appeal without addressing the underlying merits of the fee award.

Authorities Cited

OCGA § 9-15-14(b)
OCGA § 5-6-35
Low v. Swift367 Ga. App. 874 (889 SE2d 122) (2023)
Capricorn Sys. v. Godavarthy253 Ga. App. 840 (560 SE2d 730) (2002)

Parties

Appellant: Scott Bolles
Appellee: GEICO Indemnity Company
Judge: Court of Appeals of the State of Georgia

Key Dates

Decision date: 2026-04-16

What You Should Do Next

1
Consider filing an application for discretionary review
If the appellant wishes to challenge the fee award, he should consult counsel and timely file an application for discretionary review under OCGA § 5-6-35, complying with any applicable deadlines and requirements.
2
Consult appellate counsel
Engage an attorney experienced in Georgia appellate practice to confirm jurisdictional options, prepare the discretionary-review application, and ensure procedural compliance to avoid further dismissal.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the appellant did not use the required discretionary-review procedure for fee awards under Georgia law.
Who is affected by this decision?: Scott Bolles (the appellant) is affected because his appeal was dismissed; GEICO, as the fee recipient, remains unaffected by any appellate review because the dismissal was procedural.
Does this mean the fee award is invalid?: No. The dismissal was for lack of appellate jurisdiction, not a ruling on the validity of the trial court's fee award, so the fee award stands unless challenged through the correct discretionary-review process or other appropriate means.
Can this dismissal be appealed further?: The dismissal itself is a final action denying jurisdiction; the proper next step would be to seek discretionary review as required by OCGA § 5-6-35 rather than a direct appeal.

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 16, 2026

The Court of Appeals hereby passes the following order:

A26A1694. SCOTT BOLLES v. GEICO INDEMNITY COMPANY.

Scott Bolles has filed this direct appeal from the trial court’s grant of OCGA §
9-15-14(b) attorney fees to GEICO Indemnity Company. We 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. Capricorn Sys.
v. Godavarthy, 253 Ga. App. 840, 842 (560 SE2d 730) (2002). Bolles’s failure to
comply with the discretionary appeal procedure deprives us of jurisdiction over the
appeal. See Low, 367 Ga. App. at 876. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/16/2026
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.