Chinh Vo v. Bellmoore Park Homeowners Association, Inc.

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.