Jeri Nelson v. American Express Bank, Fsb

• Court: Court of Appeals of Georgia
• Decided: May 28, 2015
• Docket: A15A1750
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 28, 2015

The Court of Appeals hereby passes the following order:

A15A1750. JERI NELSON v. AMERICAN EXPRESS BANK, FSB.

American Express Bank, FSB, filed suit on account and contract against Jeri Nelson. The trial court granted summary judgment to American Express, awarding $6,353.87 in damages and $261 in court costs. Nelson filed this direct appeal. We, however, 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.” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987); see also OCGA § 5-6-35 (a) (6). 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). Because Nelson failed to follow the required procedure, this Court lacks jurisdiction to consider her appeal, which is hereby DISMISSED. See Hill v. Rose Electric Co., 220 Ga. App. 603, 604 (469 SE2d 844) (1996).

Court of Appeals of the State of Georgia 05/28/2015 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.