Amber Edwards v. Jay Brown

Court of Appeals of Georgia

Amber Edwards v. Jay Brown

DecidedJune 8, 2023

DocketA23A1535

StatusPublished

This text of Amber Edwards v. Jay Brown (Amber Edwards v. Jay Brown) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amber Edwards v. Jay Brown, (Ga. Ct. App. 2023).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 08, 2023

The Court of Appeals hereby passes the following order:

A23A1535. AMBER EDWARDS v. JAY BROWN.

In this lease dispute, Amber Edwards appeals the trial court’s order granting Jay Brown’s motion for summary judgment and awarding him $4,125.55 in past due rent, late fees, and utilities under the lease. 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) (citation and punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the specific amounts set forth in the judgment in favor of Brown total less than $10,000, the entry of summary judgment provides no basis for a direct appeal, see Ca-Shar, 204 Ga. App. at 865-866, and Edwards’s failure to follow the discretionary appeal procedure deprives us of jurisdiction. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/08/2023 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ June 08, 2023

The Court of Appeals hereby passes the following order:

A23A1535. AMBER EDWARDS v. JAY BROWN.

In this lease dispute, Amber Edwards appeals the trial court’s order granting Jay Brown’s motion for summary judgment and awarding him $4,125.55 in past due rent, late fees, and utilities under the lease. 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) (citation and punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the specific amounts set forth in the judgment in favor of Brown total less than $10,000, the entry of summary judgment provides no basis for a direct appeal, see Ca-Shar, 204 Ga. App. at 865-866, and Edwards’s failure to follow the discretionary appeal procedure deprives us of jurisdiction. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/08/2023 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.

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Amber Edwards v. Jay Brown, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amber-edwards-v-jay-brown-gactapp-2023.

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