Jennifer L. Bryant v. Atlantic 17th Residential Condominium Association, Inc. ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    July 11, 2018
    The Court of Appeals hereby passes the following order:
    A18A1824. JENNIFER L. BRYANT v. ATLANTIC 17TH RESIDENTIAL
    CONDOMINIUM ASSOCIATION, INC.
    Jennifer L. Bryant appeals the trial court’s order granting summary judgment
    to Atlantic 17th Residential Condominium Association, Inc. in the total amount of
    $5,367.91, including interest, court costs, litigation expenses, and attorney fees.
    Atlantic moved to dismiss the appeal for lack of jurisdiction.
    “Although the grant of a motion for summary judgment is in general directly
    appealable, where the amount of the judgment is $10,000.00 or less, an application
    for discretionary appeal is required.” Ca-Shar v. McKesson Corp., 
    204 Ga. App. 865
    ,
    865 (420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)) (punctuation omitted).
    As the total judgment in favor of Atlantic is less than $10,000.00, the entry of
    summary judgment provides no basis for a direct appeal in this case. See Ca-Shar, 204
    Ga. App. at 865-866. Bryant’s failure to follow the discretionary appeal procedure
    deprives us of jurisdiction to consider her appeal. See Jennings v. Moss, 
    235 Ga. App. 357
     (509 SE2d 655) (1998).
    Accordingly, the motion to dismiss is GRANTED, and this appeal is hereby
    DISMISSED for lack of jurisdiction.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    07/11/2018
    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.
    

Document Info

Docket Number: A18A1824

Filed Date: 7/19/2018

Precedential Status: Precedential

Modified Date: 7/19/2018