Tracy Worley v. Apalachee Farms Homeowners Association, Inc.

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 14, 2018

The Court of Appeals hereby passes the following order:

A19A0727. TRACY WORLEY et al. v. APALACHEE FARMS HOMEOWNERS ASSOCIATION, INC.

Tracy Worley and Melanie Worley appeal the trial court’s order granting Apalachee Farms Homeowners Association, Inc.’s motion for summary judgment awarding judgment against the Worleys in the total amount of $4,852.17, which includes interest, court costs, and attorney’s fees. 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 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 Apalachee Farms Homeowners Association is 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. The Worleys’ failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider their appeal. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998).

Accordingly, Apalachee Farms Homeowners Association’s motion to dismiss is GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/14/2018 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.