Samuel S. Chung v. Gwinnett County

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 08, 2026

The Court of Appeals hereby passes the following order:

A26D0479. SAMUEL S. CHUNG v. GWINNETT COUNTY et al.

Samuel Chung filed suit against Lewis Cooksey, Matthew Dickison, and
Gwinnett County, alleging that the installation of a stormwater discharge system
damaged his property. The trial court dismissed the complaint, and Chung filed a
notice of appeal. On January 7, 2026, the trial court entered an order dismissing the
appeal.1 Chung then filed a motion to set aside and re-enter the order, asserting that
the order had not been properly served. The trial court denied the motion, and Chung
filed this application for discretionary review.
“[M]otions to set aside brought on the grounds that the court failed to notify
the losing party of its decision are cognizable as motions to correct a clerical error
pursuant to OCGA § 9-11-60(g) and are properly the subject of a direct appeal.” Sea
Tow/Sea Spill of Savannah v. Phillips, 247 Ga. App. 613, 614 (1) (545 SE2d 34) (2001).
This Court will grant a timely discretionary application if the lower court’s order is
subject to direct appeal. See OCGA § 5-6-35(j).
Because the trial court’s order denying Chung’s motion to set aside is subject
to direct appeal, this application is hereby GRANTED. Chung shall have ten days
from the date of this order to file a notice of appeal with the superior court, if he has
not already done so. See OCGA § 5-6-35(g).

1
“[A] trial court’s order dismissing a properly filed direct appeal is itself subject
to a direct appeal.” American Med. Security Group v. Parker, 284 Ga. 102, 103(2) (663
SE2d 697) (2008).
The clerk of the superior court is directed to include a copy of this order in the
record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/08/2026
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.