Hill v. Rose Electric Company

Full title: HILL v. ROSE ELECTRIC COMPANY

Court: Court of Appeals of Georgia

Date published: Mar 12, 1996

469 S.E.2d 844 (Ga. Ct. App. 1996)

469 S.E.2d 844

Opinion

A95A2555

DECIDED MARCH 12, 1996

Action on contract. Henry Superior Court. Before Judge McCombs.

Blount, Cash, Amos Godwin, Ernest D. Blount, for appellant.

Kirby G. Bailey, for appellee.

McMURRAY, Presiding Judge.

Plaintiff Rose Electric Company filed this contract action alleging that defendant Charles Hill was "indebted to Plaintiff on an open account which is in default and remains unpaid in the amount of $8,742.94." Defendant denied the material allegations and the case was tried before the Superior Court of Henry County without the intervention of a jury. The superior court found for the plaintiff in the principal sum of $4,014.00 plus costs. From that judgment defendant brings this direct appeal. Held:

OCGA § 5-6-35(a)(6) requires an application for discretionary appeal "in all actions for damages in which the judgment is $10,000.00 or less[.]" In the case sub judice, "this final judgment awards contractual damages in an amount less than $10,000.00, and so . . . require[s] an application for discretionary appeal. . . ." English v. Delbridge, 216 Ga. App. 366, 367 ( 454 S.E.2d 175). "The [defendant] failed to follow that procedure in this case, and this direct appeal must be dismissed. See Walker v. City of Macon, 166 Ga. App. 228 ( 303 S.E.2d 776) (1983)." Simpkins v. Minks, 175 Ga. App. 729 ( 334 S.E.2d 340).

Appeal dismissed. Andrews and Blackburn, JJ., concur.

McMURRAY, Presiding Judge.

DECIDED MARCH 12, 1996.