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Ricardo Moreno Sayavedra v. Soiree, Inc., D/B/A Tara Geurard Soiree
Citation: Not availableDocket: A24D0123
Court: Court of Appeals of Georgia; November 7, 2023; Georgia; State Appellate Court
Original Court Document: View Document
Ricardo Moreno Sayavedra initiated a lawsuit against Soiree, Inc., doing business as Tara Geurard Soiree, alleging personal injury. Soiree filed a motion for summary judgment, which the trial court granted. Sayavedra subsequently filed a timely application for discretionary appeal. According to OCGA 9-11-56(h), the grant of summary judgment on any issue or party is subject to direct appeal, as established in case law. Consequently, Sayavedra was not required to seek discretionary appeal. The Court of Appeals determined that a timely application for discretionary appeal would be granted where an order is subject to direct appeal, as outlined in OCGA 5-6-35(j). The application for appeal is granted, allowing Sayavedra ten days from the order's date to file a notice of appeal with the trial court, if not already done. The trial court clerk is instructed to include a copy of the order in the record sent to the Court of Appeals.