MATTHEW BAHR v. OVIE MUGHELLI

• Court: Court of Appeals of Georgia
• Decided: April 29, 2024
• Docket: A24A1306
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 29, 2024

The Court of Appeals hereby passes the following order:

A24A1306. MATTHEW BAHR v. OVIE MUGHELLI et al.

Following a bench trial, the trial court awarded damages to plaintiff Matthew Bahr for breach of contract in the amount of $70.00. He appeals directly to this Court, but we lack jurisdiction. Under OCGA § 5-6-35 (a) (6), “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less” must be brought by application for discretionary appeal. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, because the judgment amount does not exceed $10,000, Bahr was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (6). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/29/2024 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.