The Peachtree Residences Unit Owners' Association, Inc. v. Allan Carter

• Court: Court of Appeals of Georgia
• Decided: February 19, 2016
• Docket: A15A2109
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 18, 2016

The Court of Appeals hereby passes the following order:

A15A2109. THE PEACHTREE RESIDENCES UNIT OWNERS’ ASSOCIATION, INC. v. ALLAN CARTER, et al.

After a bench trial, the trial court entered judgment in favor of The Peachtree Residences Unit Owners’ Association in the amount of $14,160.31 and in favor of Defendants Allan Carter and Jean Lopez on their counterclaim in the amount of $3,500. The Peachtree Residences Unit Owners’ Association filed a notice of appeal seeking to directly appeal the judgment entered on the defendants’ counterclaim. We lack jurisdiction.

Where the amount of judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992). “A judgment on a counterclaim is subject to [the] discretionary appeal provision, and when it is the focus of the appeal, it may be evaluated independently from the original complaint for the purpose of applicability of OCGA § 5-6-35 (a) (6).” Harpagon Co., LLC v. Davis, 283 Ga. 410, 411 (658 SE2d 633) (2008). Because the appellant failed to follow the proper procedure here, its appeal is hereby DISMISSED for lack of jurisdiction. Hill v. Rose Electric Co., 220 Ga. App. 603 (469 SE2d 844) (1996).

Court of Appeals of the State of Georgia 02/18/2016 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.