Edward R. Canady v. Osprey Cove Owners' Association, Inc. ( 2017 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
January 09, 2017
The Court of Appeals hereby passes the following order:
A17A0776. EDWARD R. CANADY v. OSPREY COVE OWNERS’
ASSOCIATION, INC.
Edward R. Canady appeals the trial court’s order granting Osprey Cove
Owners’ Association, Inc.’s motion for summary judgment and awarding judgment
against Canady in the total amount of $8,737.78, including pre-judgment interest and
attorney fees, plus an unspecified amount for costs and post-judgment interest. We,
however, lack 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(420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)) (punctuation omitted). As the
total judgment in favor of Osprey Cove Owners’ Association 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. Canady’s failure to follow the discretionary
appeal procedure deprives us of jurisdiction to consider his appeal. See Jennings v.
Moss, 235 Ga. App. 357 (509 SE2d 655) (1998).
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
01/09/2017
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.