CA-SHAR v. McKESSON CORPORATION

420 S.E.2d 810, 204 Ga. App. 865, 92 Fulton County D. Rep. 1503, 1992 Ga. App. LEXIS 1031

• Court: Court of Appeals of Georgia
• Decided: July 9, 1992
• Docket: A92A1759
• Status: Published

Opinion

Sognier, Chief Judge.

On May 11, 1992, Ca-Shar, Inc. filed this direct appeal from the trial court’s order of April 10, 1992 granting summary judgment in favor of McKesson Corporation “in the amount of $9,719.93 plus interest after judgment at the legal rate.” See OCGA § 7-4-12 (interest on judgment to be calculated at 12 percent per year).

McKesson Corporation has moved to dismiss this appeal based upon the fact that the judgment herein is less than $10,000. OCGA § 5- 6-35 (a) (6) was amended effective July 1, 1991 to provide that “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or “less” shall be by application as set forth in OCGA § 5-6- 35 (b). Ga. Laws 1991, p. 412, § 1. “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required. [Cit.]” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987). We note that CaShar’s previously filed application for discretionary appeal to this court was denied.

Decided July 9, 1992. William L. Reilly, for appellant. Harmon, Smith, Bridges & Wilbanks, Marian B. Wilbanks, Kutak, Rock & Campbell, Thomas R. Todd, Jr., Morgan & Gottleib, Deborah L. Morgan, for appellee.

Accordingly, the entry of summary judgment in favor of McKesson Corporation provides no basis for a direct appeal in this case, and McKesson Corporation’s meritorious motion to dismiss is granted.

Appeal dismissed.

McMurray, P. J., and Cooper, J., concur.