BRUCE ROSE v. LENNOX INTERNATIONAL, INC. D/B/A HEATCRAFT REFRIGERATION PRODUCTS

• Court: Court of Appeals of Georgia
• Decided: February 22, 2017
• Docket: A17A1032
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 14, 2017

The Court of Appeals hereby passes the following order:

A17A1032. BRUCE ROSE v. LENNOX INTERNATIONAL, INC. d/b/a HEATCRAFT REFRIGERATION PRODUCTS.

Bruce Rose appeals the trial court’s order granting Lennox International, Inc.’s motion for summary judgment and awarding judgment against Rose in the amount of $5,000.00. We, however, lack jurisdiction. “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required.” Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)) (punctuation omitted). As the total judgment in favor of Lennox International is less than $10,000.00, the entry of summary judgment provides no basis for a direct appeal in this case. See Ca-Shar, 204 Ga. App. at 865-866. Rose’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider his appeal, which is hereby DISMISSED. See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/14/2017 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.