Opinion
A23A0661
01-19-2023
JOHN ROBERT HARRIS v. SHACONDA DAVIS et al.
The Court of Appeals hereby passes the following order:
This case originated as a suit in magistrate court for the return of a down payment. After the magistrate court found in favor of plaintiffs Shaconda Davis and Denita Fowler in the amount of $5,096, defendant John Robert Harris appealed to the superior court. Harris failed to appear for trial, and the superior court entered a final order dismissing the case. Harris 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 or less. See Jennings v. Moss, 235 Ga.App. 357 (509 S.E.2d 655) (1998). Because the judgment in this case was in an amount less than $10,000, an application for discretionary appeal was required. Second, because the order at issue concerns a de novo appeal to superior court from a magistrate court decision, OCGA § 5-6-35 (a) (1) required Harris 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.