Landor Condominium Consultants, Inc. v. COLONY PLACE CONDOMINIUM ASSOCIATION, INC.

Court of Appeals of Georgia

Landor Condominium Consultants, Inc. v. COLONY PLACE CONDOMINIUM ASSOCIATION, INC.

395 S.E.2d 25, 195 Ga. App. 840, 1990 Ga. App. LEXIS 766

Court of Appeals of Georgia·Decided May 17, 1990·No. A90A0435·Published·Cited by 5 cases

Opinions

Sognier, Judge.

Colony Place Condominium Association, Inc. (the association) brought suit against Landor Condominium Consultants, Inc., its former management company, and Doris B. Harrison and D. Landrum Harrison, the management company’s officers, seeking to regain possession of its books and records and to recover attorney fees and costs of the litigation pursuant to OCGA § 13-6-11. The defendants filed an answer but failed to appear at two hearings scheduled in the case. The trial court then entered judgment ordering the defendants to surrender possession of the association’s books and records and awarding $885.75 in attorney fees, accounting fees, and court costs to the association. The defendants filed a direct appeal, enumerating nine errors concerning the trial court’s judgment.

“It is not only the right but the duty of a reviewing or appellate court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction.” (Citations and punctuation omitted.) Jarrett v. Ford Motor Credit Co., [841]*841178 Ga. App. 600 (344 SE2d 440) (1986). OCGA § 5-6-35 (a) (6) requires an application for a discretionary appeal in actions for damages in which the judgment is $2,500 or less. In MTW Invest. Co. v. Vanguard Prop. Fin. Corp., 179 Ga. App. 403 (346 SE2d 575), aff’d 256 Ga. 318 (349 SE2d 749) (1986), the judgment entered below had compelled the appellant to produce certain books and records and to pay $500 in attorney fees. This court held that the attorney fee award made pursuant to OCGA § 13-6-11 was “within the category of ‘damages’ as contemplated by OCGA § 5-6-35 (a) (6), requiring an application to appeal in all actions in which the judgment is $2,500 or less. [Cits.]” Id. at 405. We find the case at bar to be controlled by the ruling in MTW, and accordingly dismiss this appeal for failure to comply with the statutory procedure for discretionary application. Id.

Decided May 17, 1990 Rehearing denied June 6, 1990 Doris B. Harrison, pro se. D. Landrum Harrison, pro se. Susan M. Reimer, for appellee.

Appeal dismissed.

Carley, C. J., and McMurray, P. J., concur.

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Sognier, Judge.

Colony Place Condominium Association, Inc. (the association) brought suit against Landor Condominium Consultants, Inc., its former management company, and Doris B. Harrison and D. Landrum Harrison, the management company’s officers, seeking to regain possession of its books and records and to recover attorney fees and costs of the litigation pursuant to OCGA § 13-6-11. The defendants filed an answer but failed to appear at two hearings scheduled in the case. The trial court then entered judgment ordering the defendants to surrender possession of the association’s books and records and awarding $885.75 in attorney fees, accounting fees, and court costs to the association. The defendants filed a direct appeal, enumerating nine errors concerning the trial court’s judgment.

“It is not only the right but the duty of a reviewing or appellate court to raise the question of its jurisdiction in all cases in which there may be any doubt as to the existence of such jurisdiction.” (Citations and punctuation omitted.) Jarrett v. Ford Motor Credit Co., [841]*841178 Ga. App. 600 (344 SE2d 440) (1986). OCGA § 5-6-35 (a) (6) requires an application for a discretionary appeal in actions for damages in which the judgment is $2,500 or less. In MTW Invest. Co. v. Vanguard Prop. Fin. Corp., 179 Ga. App. 403 (346 SE2d 575), aff’d 256 Ga. 318 (349 SE2d 749) (1986), the judgment entered below had compelled the appellant to produce certain books and records and to pay $500 in attorney fees. This court held that the attorney fee award made pursuant to OCGA § 13-6-11 was “within the category of ‘damages’ as contemplated by OCGA § 5-6-35 (a) (6), requiring an application to appeal in all actions in which the judgment is $2,500 or less. [Cits.]” Id. at 405. We find the case at bar to be controlled by the ruling in MTW, and accordingly dismiss this appeal for failure to comply with the statutory procedure for discretionary application. Id.

Decided May 17, 1990 Rehearing denied June 6, 1990 Doris B. Harrison, pro se. D. Landrum Harrison, pro se. Susan M. Reimer, for appellee.

Appeal dismissed.

Carley, C. J., and McMurray, P. J., concur.

Landor Condominium Consultants, Inc. v. COLONY PLACE CONDOMINIUM ASSOCIATION, INC., 395 S.E.2d 25, 195 Ga. App. 840, 1990 Ga. App. LEXIS 766 (Ga. Ct. App. 1990).

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395 S.E.2d 25 (Landor Condominium Consultants, Inc. v. COLONY PLACE CONDOMINIUM ASSOCIATION, INC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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