Avren v. Garten
Annotate this CaseMother and father were divorced in 2003 and these appeals were from their most recent post-divorce litigation. At issue, inter alia, was whether the trial court had jurisdiction to enter the award on attorney fees in May 2010 while an application for discretionary appeal was pending in this court, and whether mother had a right to appeal directly the trial court's denial of her motion to set aside the attorney-fee award. The court affirmed and held that the trial court did not err when it denied mother's motion to set aside the award of attorney fees since its underlying judgment was final and the trial court's award of attorney fees did not supplement, amend, alter or modify the April 2010 order and judgment, which were the subjects of the pending discretionary application and notice of appeal. Therefore, the supercedeas of the May 20 application and notice of appeal did not deprive the trial court jurisdiction to enter the award of attorney fees. The court also held that mother was required to file an application for discretionary appeal since OCGA 5-6-35(a)(8) required that review of an order denying a motion to set aside be preceded by an application for discretionary review.
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