Eddie Gentry v. Danny Hines

• Court: Court of Appeals of Georgia
• Decided: September 21, 2015
• Docket: A15A2404
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 03, 2015

The Court of Appeals hereby passes the following order:

A15A2404. EDDIE GENTRY v. DANNY HINES.

This case originated as an action for damages in magistrate court. Following an adverse ruling, Eddie Gentry appealed the magistrate court’s decision to the superior court, which entered a judgment awarding $5,000 to Danny Hines. Gentry then appealed directly to this Court. 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.” See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Second, because the order at issue disposes of a de novo appeal from a magistrate court decision, OCGA § 5-6-35 (a) (1) also required Gentry to follow the discretionary appeal procedures. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Gentry’s failure to comply with the discretionary appeal procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 09/03/2015 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.