The Peachtree Residences Unit Owners' Association, Inc. v. Allan Carter

Court of Appeals of the State of Georgia ATLANTA,____________________ February 18, 2016 The Court of Appeals hereby passes the following order: A15A2109. THE PEACHTREE RESIDENCES UNIT OWNERS’ ASSOCIATION, INC. v. ALLAN CARTER, et al. After a bench trial, the trial court entered judgment in favor of The Peachtree Residences Unit Owners’ Association in the amount of $14,160.31 and in favor of Defendants Allan Carter and Jean Lopez on their counterclaim in the amount of $3,500. The Peachtree Residences Unit Owners’ Association filed a notice of appeal seeking to directly appeal the judgment entered on the defendants’ counterclaim. We lack jurisdiction. Where the amount of judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); Ca-Shar v. McKesson Corp., 204 Ga. App. 865 ( 420 SE2d 810 ) (1992). “A judgment on a counterclaim is subject to [the] discretionary appeal provision, and when it is the focus of the appeal, it may be evaluated independently from the original complaint for the purpose of applicability of OCGA § 5-6-35 (a) (6).” Harpagon Co., LLC v. Davis, 283 Ga. 410, 411 ( 658 SE2d 633 ) (2008). Because the appellant failed to follow the proper procedure here, its appeal is hereby DISMISSED for lack of jurisdiction. Hill v. Rose Electric Co., 220 Ga. App. 603 ( 469 SE2d 844 ) (1996). Court of Appeals of the State of Georgia 02/18/2016 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.