David Bergman v. Imports Only, Inc.

Court of Appeals of the State of Georgia ATLANTA,____________________ June 09, 2016 The Court of Appeals hereby passes the following order: A16A1781. DAVID BERGMAN v. IMPORTS ONLY, INC. David Bergman filed this direct appeal from the superior court’s judgment in favor of Imports Only, Inc. for $946.88. Under OCGA § 5-6-35 (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. See Jennings v. Moss, 235 Ga. App. 357, 357 ( 509 SE2d 655 ) (1998); see also Emerson v. Brookmere Homeowners Ass’n, 311 Ga. App. 371 , 371 n.1 ( 715 SE2d 775 ) (2011). Bergman’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 06/09/2016 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.