Dong Xue Jin D/B/A US Deli v. US Foods, Inc. F/K/A US Foodservice, Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ December 04, 2014 The Court of Appeals hereby passes the following order: A15A0510. DONG XUE JIN d/b/a US DELI v. US FOODS, INC. f/k/a US FOODSERVICE, INC. In this action on account, the trial court granted summary judgment in the plaintiff’s favor and ordered Dong Jin to pay $5,907.68 in principal, $1,949.54 in accrued interest, $810.72 in attorney fees, plus post-judgment interest at 15%. Jin filed a notice of appeal from this ruling. We, however, lack jurisdiction. Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the 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 Jin’s failure to file an application, this appeal is DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 12/04/2014 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.