Cornelia M. Allgary v. Discover Bank

Court of Appeals of the State of Georgia ATLANTA,____________________ October 05, 2017 The Court of Appeals hereby passes the following order: A18A0357. CORNELIA M. ALLGARY v. DISCOVER BANK. Cornelia M. Allgary filed this direct appeal from the superior court’s order granting summary judgment to Discover Bank and awarding the bank $6,873.01 in principal, $255.00 in court costs, and an unspecified amount of post-judgment interest. We, however, lack jurisdiction. “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 ( 420 SE2d 810 ) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of the bank is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case. See Ca-Shar, 204 Ga. App. at 865-866 . Because Allgary failed to follow the required procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED. See Jennings v. Moss, 235 Ga. App. 357 ( 509 SE2d 655 ) (1998). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/05/2017 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.