Deana J. Jordan v. Capital One Bank (Usa), N.A.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ August 30, 2012

The Court of Appeals hereby passes the following order:

A12A2521. DEANA J. JORDAN v. CAPITAL ONE BANK (USA) N. A.

A12A2522. DEANA J. JORDAN v. CAPITAL ONE BANK (USA) N. A.

Capital One Bank filed a suit on account against Deana Jordan. The trial court granted summary judgment to Capital One Bank, awarding the principal amount of $1,895.62, attorney fees of $221.78, interest of $72.22, and $259.00 in court costs. In Case No. A12A2521, Jordan appealed the order granting summary judgment, and in Case No. A12A2522, she appealed the order of the court denying her request for a rehearing. We lack jurisdiction. The discretionary appeal procedure is required where a money judgment in an action for damages totals $10,000.00 or less. See OCGA § 5-6-35 (a) (6). Because Jordan failed to follow the required procedure, this Court lacks jurisdiction to consider her appeal. See Hill v. Rose Electric Co., 220 Ga. App. 603 (469 SE2d 844) (1996). Additionally, Jordan’s motion for rehearing was a motion for reconsideration. As such, the order denying the motion is not directly appealable. See Ferguson v. Freeman, 282 Ga. 180, 181 (1) (646 SE2d 65) (2007); Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). Accordingly, Jordan’s appeals are hereby DISMISSED.

Court of Appeals of the State of Georgia 08/30/2012 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.