Broderick A. Waters v. Cdl Training Services of Missouri Mtc 1

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ September 13, 2013

The Court of Appeals hereby passes the following order:

A13A2459. BRODERICK A. WATERS v. CDL TRAINING SERVICES OF MISSOURI MTC 1.

Defendant Broderick A. Waters filed a notice of appeal seeking to directly appeal the order granting summary judgment to the plaintiff and entering judgment in the plaintiff’s favor. The judgment amount, however, totals $3,801.66, including the principal of $3,398.75, attorney’s fees in the amount of $402.91, and continuing interest and all court costs. Although the grant of a motion for summary judgment usually is directly appealable, where the amount of the 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 Waters failed to follow the proper procedure here, his 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 09/13/2013 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.