Dawn Howard v. American Express Centurion Bank

• Court: Court of Appeals of Georgia
• Decided: April 23, 2013
• Docket: A13A1521
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 23, 2013

The Court of Appeals hereby passes the following order:

A13A1521. DAWN HOWARD v. AMERICAN EXPRESS CENTURION BANK.

American Express Centurion Bank filed a suit on account against Dawn Howard. The trial court granted summary judgment to American Express, awarding the principal amount of $2,312.49, costs of $227.50, and post-judgment interest. Howard appealed directly to this Court. We 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] 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); see also OCGA § 5-6-35 (a) (6). Inasmuch as the total judgment in favor of American Express is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case. See Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865-866 (420 SE2d 810) (1992). Accordingly, because Howard failed to follow the required procedure, this Court lacks jurisdiction to consider her appeal, and it is ordered DISMISSED. See Hill v. Rose Electric Co., 220 Ga. App. 603, 604 (469 SE2d 844) (1996).

Court of Appeals of the State of Georgia 04/23/2013 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.