JOHN ROBERT HARRIS v. SHACONDA DAVIS

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 19, 2023

The Court of Appeals hereby passes the following order: A23A0661. JOHN ROBERT HARRIS v. SHACONDA DAVIS et al.

This case originated as a suit in magistrate court for the return of a down payment. After the magistrate court found in favor of plaintiffs Shaconda Davis and Denita Fowler in the amount of $5,096, defendant John Robert Harris appealed to the superior court. Harris failed to appear for trial, and the superior court entered a final order dismissing the case. Harris then filed this direct appeal. We lack jurisdiction for two reasons. First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal in all actions for damages in which the judgment is $10,000 or less. See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Because the judgment in this case was in an amount less than $10,000, an application for discretionary appeal was required. Second, because the order at issue concerns a de novo appeal to superior court from a magistrate court decision, OCGA § 5-6-35 (a) (1) required Harris to follow the discretionary appeal procedures. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). For these reasons, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/19/2023 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.