Joseph Hinesman v. O'charley's, LLC

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 04, 2017

The Court of Appeals hereby passes the following order:

A18A0708. JOSEPH HINESMAN v. O’CHARLEY’S, LLC.

The trial court entered a final judgment awarding damages to Joseph Hinesman in the amount of $9,273.72. Hinesman filed a motion to vacate the verdict and for new trial, which the trial court denied. Hinesman then filed this direct appeal. We, however, lack jurisdiction. Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Hinesman’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/04/2017 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.