Brenda N. Wright v. Crystal Jones Judd

• Court: Court of Appeals of Georgia
• Decided: March 15, 2018
• Docket: A18A1058
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 06, 2018

The Court of Appeals hereby passes the following order:

A18A1058. BRENDA N. WRIGHT v. CRYSTAL JONES JUDD.

In this civil action, defendant Brenda Wright appeals the trial court’s order domesticating a South Carolina judgment in favor of plaintiff Crystal Judd in the amount of $5,790.00. We lack jurisdiction. Appeals in actions for damages in which the judgment is $10,000.00 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). A foreign judgment domesticated by a Georgia trial court has the same effect as if it had been issued by the Georgia court. OCGA § 9-12-132; Arrowhead Alternator, Inc. v. CIT Communications Finance Corp., 268 Ga. App. 464, 465 (602 SE2d 231) (2004). Consequently, to appeal the trial court’s order in this case, Wright was required to file an application for discretionary review. Cf. Okekpe v. Commerce Funding Corp., 218 Ga. App. 705, 706 (463 SE2d 23) (1995) (a discretionary application is required to appeal the denial of a motion to set aside a domesticated foreign judgment). Wright’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Jennings, 235 Ga. App. at 357.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/06/2018 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.