Leander Howard v. Sn Interior Finish, LLC

• Court: Court of Appeals of Georgia
• Decided: February 16, 2024
• Docket: A24A0859
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 16, 2024

The Court of Appeals hereby passes the following order:

A24A0859. LEANDER HOWARD v. SN INTERIOR FINISH, LLC.

After the trial court entered a default judgment in favor of plaintiff Leander Howard and against defendant SN Interior Finish, LLC, the case proceeded to a bench trial on damages. The trial court awarded Howard $4,275, plus $274.72 in court costs, which was less than Howard sought. Proceeding pro se, Howard now seeks to appeal this judgment. This Court, however, lacks jurisdiction. Under OCGA § 5-6-35 (a) (6), the discretionary appeal procedures apply to “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less.” See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Here, because the judgment amount does not exceed $10,000, Howard was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (6). His failure to do so deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/16/2024 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.