Anita Smith v. Fia Card Services, N.A.

Court of Appeals of the State of Georgia ATLANTA,_________________ May 23, 2012 The Court of Appeals hereby passes the following order: A12A1760. ANITA SMITH v. FIA CARD SERVICES, N. A. FIA Card Services, N. A. filed suit against Anita Smith to recover amounts allegedly owed on a credit card, and the trial court granted FIA Card Services motion for summary judgment in the amount of $2,183.62. Smith filed a direct appeal from this ruling. Under OCGA § 5-6-35 (a) (6), however, appeals in all actions for damages in which the judgment is $10,000 or less must comply with discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35. See Jennings v. Moss, 253 Ga. App. 357 ( 509 SE2d 655 ) (1998). Given Smith’s failure to file an application, this appeal is DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 05/23/2012 Clerk’s Office, Atlanta,_________________ 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.