Demetrius C. Johnson v. Law Office of Stanley M. Lefco, P.C.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 07, 2015

The Court of Appeals hereby passes the following order:

A15A1675. DEMETRIUS C. JOHNSON v. LAW OFFICE OF STANLEY M.

LEFCO, P.C.

The trial court entered default judgment against Demetrius Johnson in the amount of $3,384.41. Johnson filed a notice of appeal from this ruling. We, however, lack jurisdiction.

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35. See Jennings v. Moss, 253 Ga. App. 357 (509 SE2d 655) (1998). Given Johnson’s failure to file an application, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 05/07/2015

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.