Opinion
A24D0031
08-29-2023
TASHA HUSSEY v. GERALD JAMES NUNN et al.
The Court of Appeals hereby passes the following order:
Tasha Hussey sued Gerald James Nunn and James Lynne Professional Surveying, Inc., for breach of contract and violations of the Georgia Fair Business Practices Act. The trial court entered a default judgment against the defendants, but awarded no damages. Hussey timely filed both this application for discretionary appeal and a direct appeal from that ruling. The direct appeal has been docketed as Case No. A24A0155.
No application is required to appeal a "zero" award, so the order here is directly appealable. See McCormick v. Harris, 253 Ga.App. 417, 417 (1) (559 S.E.2d 158) (2002). Ordinarily, we will grant a timely discretionary application if the lower court's ruling is subject to direct appeal. See OCGA § 5-6-35 (j). However, in light of Hussey's direct appeal of the trial court's order, this application is superfluous. Accordingly, this application is hereby DISMISSED.