Anita Smith v. Fia Card Services, N.A.

• Court: Court of Appeals of Georgia
• Decided: May 23, 2012
• Docket: A12A1760
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ May 23, 2012

The Court of Appeals hereby passes the following order:

A12A1760. ANITA SMITH v. FIA CARD SERVICES, N. A.

FIA Card Services, N. A. filed suit against Anita Smith to recover amounts allegedly owed on a credit card, and the trial court granted FIA Card Services motion for summary judgment in the amount of $2,183.62. Smith filed a direct appeal from this ruling. Under OCGA § 5-6-35 (a) (6), however, appeals in all actions for damages in which the judgment is $10,000 or less must comply with discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35. See Jennings v. Moss, 253 Ga. App. 357 (509 SE2d 655) (1998). Given Smith’s failure to file an application, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 05/23/2012 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.