Opinion
A22A1306
04-28-2022
CYNTHIA ABREU v. MACALUSO AND ASSOCIATES, LLC d/b/a DR. ROOF.
The Court of Appeals hereby passes the following order:
This case originated as a suit on account in magistrate court. After the magistrate court found in favor of Macaluso and Associates, LLC d/b/a Dr. Roof, Cynthia Abreu appealed to the superior court. The superior court also found in favor of Macaluso and awarded judgment in the amount of $3, 647.94. Abreu then filed this direct appeal. 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." Jennings v. Moss, 235 Ga.App. 357 (509 S.E.2d 655) (1998). Second, because the order at issue concerns a de novo appeal from a magistrate court decision, OCGA § 5-6-35 (a) (1) also required Abreu to follow the discretionary appeal procedures. See English v. Delbridge, 216 Ga.App. 366, 367 (454 S.E.2d 175) (1995). For these reasons, this appeal is hereby DISMISSED.