Chuck's Gun & Pawn, Inc. v. Lendmark Finance Services

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 28, 2016

The Court of Appeals hereby passes the following order:

A16A0686. CHUCK’S GUN & PAWN, INC. v. LENDMARK FINANCE SERVICES.

In this trover action, Lendmark Finance Services sued Chuck’s Gun & Pawn, Inc. in magistrate court and won a judgment. Chuck’s Gun & Pawn appealed to state court, and Lendmark Finance Services filed a motion for summary judgment, seeking a ruling that it was entitled to possession of the property at issue. The state court granted summary judgment to Lendmark Finance Services. Chuck’s Gun & Pawn then appealed directly to this Court. Lendmark Finance Services has filed a motion to dismiss the appeal on the grounds that OCGA § § 5-6-35 (a) (6) and (a) (11) required Chuck’s Gun & Pawn to follow the discretionary appeal procedures to seek review of the trial court’s order. OCGA § 5-6-35 (a) (6) is not applicable because no money damages were awarded. See Brown v. Associates Financial Svcs. Corp., 255 Ga. 457 (339 SE2d 590) (1986). However, OCGA § 5-6-35 (a) (11) required that Chuck’s Gun & Pawn comply with discretionary appeal procedures because the state court’s order disposed of a de novo appeal from a magistrate court decision. See Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Chuck’s Gun & Pawn’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal. For this reason, Lendmark Finance Services’ motion is GRANTED and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 01/28/2016 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.