Julieth Thomas v. Gwinnett Hospital System, Inc.

• Court: Court of Appeals of Georgia
• Decided: June 22, 2015
• Docket: A15A1871
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 09, 2015

The Court of Appeals hereby passes the following order:

A15A1871. JULIETH THOMAS v. GWINNETT HOSPITAL SYSTEM, INC.

Gwinnett Hospital System, Inc. filed an action against Julieth Thomas to recover on an account. On February 23, 2015, the trial court entered a consent judgment awarding Gwinnett Hospital System $964.60 in principal and $248.00 in court costs. Thomas filed this direct appeal on March 30, 2015. We lack jurisdiction for two reasons. First, the discretionary appeal procedure is required where – as here – a money judgment in an action for damages totals $10,000.00 or less. See OCGA § 5-6-35 (a) (6); Hill v. Rose Electric Co., 220 Ga. App. 603 (469 SE2d 844) (1996). Second, Thomas’s notice of appeal was untimely, as it was filed 35 days after entry of the final order. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged decision). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 06/09/2015 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.