Service Truck Brokers v. Kellco Transportation, Inc.

Court of Appeals of Georgia

Service Truck Brokers v. Kellco Transportation, Inc.

397 S.E.2d 53, 196 Ga. App. 702, 1990 Ga. App. LEXIS 1027

Court of Appeals of Georgia·Decided September 4, 1990·No. A90A0841·Published

Opinion

Cooper, Judge.

Appellee, a trucking company, sued appellant, a truck broker, in the magistrate court for recovery on a contract between appellant and appellee to transport perishable produce to a third party. The produce was delivered three days late due to a truck breakdown and the third party refused to pay appellant the haul cost or the brokerage fee. The magistrate court entered a judgment for appellee. After ap[703]*703pellant’s appeal to the state court, the state court entered a judgment for appellee in the amount of $1,668.65 on the grounds that appellant had not submitted sufficient evidence of any damage suffered by appellant. Appellant’s motion for a new trial was denied, with the court directing appellant to pay an additional $250 to appellee as attorney fees. Appellant now seeks our review.

Decided September 4, 1990. Terry A. Carr, for appellant. R. Nathan Langford, Jr., for appellee.

OCGA § 5-6-35 (a) (6) provides that an application for appeal shall be made in “[a]ppeals in all actions for damages in which the judgment is $2,500.00 or less.” See City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986). Since the judgment rendered in the instant case totaled $1,918.65, appellant was required to seek this appeal via an application for discretionary appeal pursuant to OCGA § 5-6-35. Appellant having filed a direct appeal instead of following the proper procedure, this appeal is hereby dismissed. Jones Roofing &c. v. Roberts, 179 Ga. App. 169 (1) (345 SE2d 683) (1986).

Appeal dismissed.

Banke, P. J., and Birdsong, J., concur.

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Cooper, Judge.

Appellee, a trucking company, sued appellant, a truck broker, in the magistrate court for recovery on a contract between appellant and appellee to transport perishable produce to a third party. The produce was delivered three days late due to a truck breakdown and the third party refused to pay appellant the haul cost or the brokerage fee. The magistrate court entered a judgment for appellee. After ap[703]*703pellant’s appeal to the state court, the state court entered a judgment for appellee in the amount of $1,668.65 on the grounds that appellant had not submitted sufficient evidence of any damage suffered by appellant. Appellant’s motion for a new trial was denied, with the court directing appellant to pay an additional $250 to appellee as attorney fees. Appellant now seeks our review.

Decided September 4, 1990. Terry A. Carr, for appellant. R. Nathan Langford, Jr., for appellee.

OCGA § 5-6-35 (a) (6) provides that an application for appeal shall be made in “[a]ppeals in all actions for damages in which the judgment is $2,500.00 or less.” See City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986). Since the judgment rendered in the instant case totaled $1,918.65, appellant was required to seek this appeal via an application for discretionary appeal pursuant to OCGA § 5-6-35. Appellant having filed a direct appeal instead of following the proper procedure, this appeal is hereby dismissed. Jones Roofing &c. v. Roberts, 179 Ga. App. 169 (1) (345 SE2d 683) (1986).

Appeal dismissed.

Banke, P. J., and Birdsong, J., concur.

Service Truck Brokers v. Kellco Transportation, Inc., 397 S.E.2d 53, 196 Ga. App. 702, 1990 Ga. App. LEXIS 1027 (Ga. Ct. App. 1990).

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