Davis O'Leary Vi, Ltd. v. Jordan, Jones & Goulding Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ April 13, 2015 The Court of Appeals hereby passes the following order: A15A1182. DAVIS O’LEARY VI, LTD. v. JORDAN, JONES & GOULDING INC. Davis O’Leary VI, Ltd. (“Davis”) filed a suit for damages against Jordan, Jones & Goulding, Inc. (“JJG”) and another defendant. The trial court granted summary judgment to Davis on its claims against JJG. Then, the court entered a judgment against JJG for $750. The court certified its judgment as final, and Davis filed this direct appeal. We, however, lack jurisdiction. Pursuant to 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. “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required.” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 ( 361 SE2d 32 ) (1987). Because this suit is an action for damages and the judgment entered was less than $10,000, Davis was required to follow the discretionary appeal procedures to obtain appellate review. Because it failed to do so, the appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 04/13/2015 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.