CYNTHIA ABREU v. MACALUSO AND ASSOCIATES, LLC D/B/A DR. ROOF

• Court: Court of Appeals of Georgia
• Decided: April 28, 2022
• Docket: A22A1306
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 28, 2022

The Court of Appeals hereby passes the following order:

A22A1306. CYNTHIA ABREU v. MACALUSO AND ASSOCIATES, LLC d/b/a DR. ROOF.

This case originated as a suit on account in magistrate court. After the magistrate court found in favor of Macaluso and Associates, LLC d/b/a Dr. Roof, Cynthia Abreu appealed to the superior court. The superior court also found in favor of Macaluso and awarded judgment in the amount of $3,647.94. Abreu then filed this direct appeal. We lack jurisdiction for two reasons. First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less.” Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Second, because the order at issue concerns a de novo appeal from a magistrate court decision, OCGA § 5-6-35 (a) (1) also required Abreu to follow the discretionary appeal procedures. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). For these reasons, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/28/2022 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.