Carol L. Gordon v. Curtis Whittington

Court of Appeals of Georgia

Carol L. Gordon v. Curtis Whittington

DecidedMarch 11, 2016

DocketA16A0926

StatusPublished

This text of Carol L. Gordon v. Curtis Whittington (Carol L. Gordon v. Curtis Whittington) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carol L. Gordon v. Curtis Whittington, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 01, 2016

The Court of Appeals hereby passes the following order:

A16A0926. CAROL L. GORDON v. CURTIS WHITTINGTON.

This case originated in magistrate court. Following an adverse ruling, Carol L. Gordon appealed the magistrate court’s decision to the superior court. The superior court found in favor of defendant Curtis Whittington and entered judgment in his favor in the amount of $3,092.00. Gordon then filed this direct appeal. We, however, lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Gordon was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). His failure to do so deprives us of jurisdiction over this appeal. Moreover, a discretionary application was also required because this appeal involves an action for damages where the judgment entered was less than $10,000.00. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 03/01/2016 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 01, 2016

The Court of Appeals hereby passes the following order:

A16A0926. CAROL L. GORDON v. CURTIS WHITTINGTON.

This case originated in magistrate court. Following an adverse ruling, Carol L. Gordon appealed the magistrate court’s decision to the superior court. The superior court found in favor of defendant Curtis Whittington and entered judgment in his favor in the amount of $3,092.00. Gordon then filed this direct appeal. We, however, lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Gordon was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). His failure to do so deprives us of jurisdiction over this appeal. Moreover, a discretionary application was also required because this appeal involves an action for damages where the judgment entered was less than $10,000.00. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 03/01/2016 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.

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Carol L. Gordon v. Curtis Whittington, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carol-l-gordon-v-curtis-whittington-gactapp-2016.

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