Dawn E. Johnson v. Amhurst Homeowners Association, Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ May 29, 2015 The Court of Appeals hereby passes the following order: A15A1768. DAWN E. JOHNSON v. AMHURST HOMEOWNERS ASSOCIATION, INC. Dawn E. Johnson filed this direct appeal from the superior court’s judgment in favor of Amhurst Homeowners Association, Inc. for $4,510.47. Under OCGA § 5-635 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, a discretionary application was required under OCGA § 5-6-35. See Jennings v. Moss, 235 Ga. App. 357 ( 509 SE2d 655 ) (1998); see also Emerson v. Brookmere Homeowners Ass’n, 311 Ga. App. 371 n. 1 ( 715 SE2d 775 ) (2011). Johnson’s failure to file an application for discretionary appeal deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 05/29/2015 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.