Rodney Gardner v. Ronnix Sherrer

Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ August 14, 2012

The Court of Appeals hereby passes the following order:

A12A2386. RODNEY GARDNER v. RONNIX SHERRER.

Ronnix Sherrer sued Rodney Gardner in magistrate court and won a judgment against him. Gardner appealed to state court, which entered judgment in Sherrer’s favor in the amount of $6,000, plus court costs of $76.50. Gardner then appealed directly to this Court. We lack jurisdiction. Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Gardner was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). A discretionary appeal is also required from a judgment of less than $10,000 in an action for damages. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Gardner’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/14/2012 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.