Home/Court of Appeals of Georgia/JONES ROOFING & CONSTRUCTION COMPANY, INC. v. Roberts

JONES ROOFING & CONSTRUCTION COMPANY, INC. v. Roberts

345 S.E.2d 683, 179 Ga. App. 169, 1986 Ga. App. LEXIS 1846
CourtCourt of Appeals of Georgia
DecidedMay 22, 1986
Docket71901, 71902
StatusPublished
Cited by10 cases

This text of 345 S.E.2d 683 (JONES ROOFING & CONSTRUCTION COMPANY, INC. v. Roberts) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
JONES ROOFING & CONSTRUCTION COMPANY, INC. v. Roberts, 345 S.E.2d 683, 179 Ga. App. 169, 1986 Ga. App. LEXIS 1846 (Ga. Ct. App. 1986).

Opinion

Beasley, Judge.

The instant main appeal was taken from a judgment awarding damages of $1,340 plus attorney fees in the amount of $300.

1. Since this was an action for damages in which the judgment was less than $2,500, appellant was required to file an application which it did not do. OCGA § 5-6-35 (a) (6); City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986); Brown v. Assoc. Fin. Svcs. Corp., 255 Ga. 457 (339 SE2d 590) (1986). The main appeal is therefore dismissed.

2. The cross-appeal by Roberts suffers from the same infirmity. Although OCGA § 5-6-48 permits a cross-appeal to survive the dis *170 missal of a main appeal this is true only where the cross-appeal can stand on its own merit. This court has no jurisdiction to entertain a cross-appeal “which must derive its life from the main appeal.” Steele v. Cincinnati Ins. Co., 167 Ga. App. 550 (2) (307 SE2d 44) (1983), reversed on other grounds, Steele v. Cincinnati Ins. Co., 252 Ga. 58 (311 SE2d 470) (1984), and cases therein cited. Here there was no application for discretionary review by cross-appellant so the cross-appeal cannot stand in its own right.

Decided May 22, 1986. Allen W. Johnson, for appellant. John L. Creson, for appellee.

Main appeal (Case No. 71901) and cross-appeal (Case No. 71902) dismissed.

Deen, P. J., and Benham, J., concur.

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Bluebook (online)
345 S.E.2d 683, 179 Ga. App. 169, 1986 Ga. App. LEXIS 1846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-roofing-construction-company-inc-v-roberts-gactapp-1986.