Barbara Smith McBride v. Demario D. Jones

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 04, 2017

The Court of Appeals hereby passes the following order:

A18A0573. BARBARA SMITH MCBRIDE et al. v. DEMARIO D. JONES et al.

This claim for damages originated in magistrate court. After obtaining an unfavorable ruling, Barbara Smith McBride appealed to state court, which also ruled in favor of the defendant and entered a judgment of $275 in attorneys’ fees pursuant to OCGA § 9-15-14 (a) and (b). McBride then appealed to this Court, but we lack jurisdiction for several reasons. First, when a state court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Second, OCGA § 5-6-35 (a) (10) also requires that an appeal from an award of attorney fees or expenses of litigation obtained under OCGA § 9- 15-14 be made by application. Lastly, OCGA § 5-6-35 (a) (6), requires an appeal “in all actions for damages in which the judgment is $10,000.00 or less” to be made by application. Because McBride failed to follow the proper appellate procedure to obtain review, we lack jurisdiction over this appeal, which is ordered DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/04/2017 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.