Covrig v. Campbell

Court of Appeals of Georgia

Covrig v. Campbell

369 S.E.2d 293, 187 Ga. App. 39, 1988 Ga. App. LEXIS 505

CourtCourt of Appeals of Georgia

DecidedApril 21, 1988

Docket76192

StatusPublished

Cited by4 cases

This text of 369 S.E.2d 293 (Covrig v. Campbell) 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

Covrig v. Campbell, 369 S.E.2d 293, 187 Ga. App. 39, 1988 Ga. App. LEXIS 505 (Ga. Ct. App. 1988).

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Opinion

Sognier, Judge.

K. C. Campbell, d/b/a Campbell Surveying and Mapping, brought suit against Alex Covrig to recover $1,200 for surveying services he performed for Covrig. Covrig filed a direct appeal from the trial court’s grant of summary judgment in favor of Campbell for $1,200 plus accrued court costs.

*40 Decided April 21, 1988 Rehearing denied May 3, 1988 Alex Covrig, pro se. W. David Cunningham, for appellee.

“Effective July 1, 1984, applications for discretionary appeals are required in ‘[a]ppeals in all actions for damages in which the judgment is $2,500.00 or less.’ OCGA § 5-6-35 (a) (6). This statute unambiguously refers to ‘judgments’ in general and we therefore construe it to be applicable to judgments in the amount of $2,500 or less obtained by verdict following a bench or jury trial as well as by summary judgment. [Cit.] Thus, because the appellant failed to follow the provisions required by OCGA § 5-6-35 (b) for cases in which an application for appeal is required, this direct appeal must be dismissed. [Cits.]” Jarrett v. Ford Motor Credit Co., 178 Ga. App. 600-601 (344 SE2d 440) (1986).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Sognier, Judge.

K. C. Campbell, d/b/a Campbell Surveying and Mapping, brought suit against Alex Covrig to recover $1,200 for surveying services he performed for Covrig. Covrig filed a direct appeal from the trial court’s grant of summary judgment in favor of Campbell for $1,200 plus accrued court costs.

*40 Decided April 21, 1988 Rehearing denied May 3, 1988 Alex Covrig, pro se. W. David Cunningham, for appellee.

“Effective July 1, 1984, applications for discretionary appeals are required in ‘[a]ppeals in all actions for damages in which the judgment is $2,500.00 or less.’ OCGA § 5-6-35 (a) (6). This statute unambiguously refers to ‘judgments’ in general and we therefore construe it to be applicable to judgments in the amount of $2,500 or less obtained by verdict following a bench or jury trial as well as by summary judgment. [Cit.] Thus, because the appellant failed to follow the provisions required by OCGA § 5-6-35 (b) for cases in which an application for appeal is required, this direct appeal must be dismissed. [Cits.]” Jarrett v. Ford Motor Credit Co., 178 Ga. App. 600-601 (344 SE2d 440) (1986).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Bluebook (online)

369 S.E.2d 293, 187 Ga. App. 39, 1988 Ga. App. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covrig-v-campbell-gactapp-1988.

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