Marilyn K. Mbi v. Td Bank USA, Na

Court of Appeals of the State of Georgia ATLANTA,__________________ September 04, 2014 The Court of Appeals hereby passes the following order: A14A2290. MARILYN K. MBI v. TD BANK USA, NA. The trial court entered default judgment against Marilyn K. Mbi in the amount of $8,314.90 as well as post-judgment interest and court costs. Mbi 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 Mbi’s failure to file an application, this appeal is DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 09/04/2014 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.