Robert Taylor v. Douglas R. Daum

• Court: Court of Appeals of Georgia
• Decided: February 6, 2020
• Docket: A20A0976
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 30, 2020

The Court of Appeals hereby passes the following order:

A20A0976. ROBERT TAYLOR v. DOUGLAS R. DAUM.

Douglas R. Daum sued Robert Taylor, and a jury awarded $6,362.00 in damages. Taylor appeals this ruling. We lack jurisdiction. As a general rule, a right of direct appeal lies from a final judgment; that is, where the case is no longer pending below. See OCGA § 5-6-34 (a) (1). However, appeals in actions for damages in which the judgment is $10,000.00 or less require compliance with the discretionary appeal statute. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Because the judgment entered was less than $10,000, Taylor was required to file a discretionary application in order to appeal. See Jennings, 235 Ga. App. at 357; see also City of Brunswick v. Todd, 255 Ga. 448, 448 (339 SE2d 589) (1986). His failure to do so deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/30/2020 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.