Bristol Woods Homeowners Association, Inc. v. Jhessica A. Barros

Court of Appeals of the State of Georgia ATLANTA,____________________ September 17, 2025 The Court of Appeals hereby passes the following order: A26A0380. BRISTOL WOODS HOMEOWNERS ASSOCIATION, INC. v. JHESSICA A. BARROS. In this homeowner’s association assessment action, the trial court entered a final default judgment awarding Bristol Woods Homeowners Association, Inc. a total of $1,301.80. Bristol Woods filed this direct appeal, seeking to appeal the trial court’s failure to award attorney fees pursuant to the covenants and OCGA § 44-3-232 (b) (3). We lack jurisdiction. Appeals in actions for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 ( 509 SE2d 655 ) (1998). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 ( 471 SE2d 60 ) (1996). Bristol Woods’s failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Jennings, 235 Ga. App. at 357 . Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/17/2025 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.