Bernadette Johnekins v. Eric B. Owens

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 10, 2013

The Court of Appeals hereby passes the following order:

A13A2462. BERNADETTE JOHNEKINS v. ERIC B. OWENS.

Plaintiff Bernadette Johnekins filed a notice of appeal seeking to directly appeal the order dismissing her claims and entering judgment against her on the defendant’s counterclaim in the amount of $4,537.87. Although the grant of a motion to dismiss is ordinarily directly appealable, where the amount of judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992). Because Johnekins failed to follow the proper procedure here, her appeal is ordered DISMISSED for lack of jurisdiction. Hill v. Rose Electric Co., 220 Ga. App. 603 (469 SE2d 844) (1996).

Court of Appeals of the State of Georgia 09/10/2013 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.