Eddie Gentry v. Danny Hines

Court of Appeals
of the State of Georgia
ATLANTA,____________________
September 03, 2015
The Court of Appeals hereby passes the following order:
A15A2404. EDDIE GENTRY v. DANNY HINES.
This case originated as an action for damages in magistrate court. Following
an adverse ruling, Eddie Gentry appealed the magistrate court’s decision to the
superior court, which entered a judgment awarding $5,000 to Danny Hines. Gentry
then appealed directly to this Court. We lack jurisdiction for two reasons.
First, OCGA § 5-6-35 (a) (6) requires the filing of an application for
discretionary appeal “in all actions for damages in which the judgment is $10,000.00
or less.” See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Second,
because the order at issue disposes of a de novo appeal from a magistrate court
decision, OCGA § 5-6-35 (a) (1) also required Gentry to follow the discretionary
appeal procedures. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175)
(1995).
Gentry’s failure to comply with the discretionary appeal procedures deprives
us of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
09/03/2015
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.