Saturday Ologhoejebi v. Anita Anderson

• Court: Court of Appeals of Georgia
• Decided: March 20, 2015
• Docket: A15A1295
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 20, 2015

The Court of Appeals hereby passes the following order:

A15A1295. SATURDAY OLOGHOEJEBI v. ANITA ANDERSON.

Anita Anderson filed a civil action against Saturday Ologhoejebi in the Municipal Court of Columbus and won a judgment of $840.00 plus court costs. Ologhoejebi has appealed that judgment directly to this Court. We, however, lack jurisdiction. Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, Ologhoejebi was not entitled to a direct appeal, but instead had to file an application for discretionary appeal. See Jennings v. Moss, 253 Ga. App. 357 (509 SE2d 655) (1998). Ologhoejebi’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/20/2015 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.