Opinion
A24A1740
07-15-2024
SAADA MOHAMED et al. v. EMORY GARDEN CONDOMINIUM ASSOCIATION, INC.
The Court of Appeals hereby passes the following order:
In this action to collect unpaid homeowner's association assessments, the trial court entered a final default judgment awarding the plaintiff a total of $6,192.35. Defendants Saada and Ayni Mohamed then filed this direct appeal. We lack jurisdiction.
Appeals in actions for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga.App. 357, 357 (509 S.E.2d 655) (1998). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). The Mohameds' failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Jennings, 235 Ga.App. at 357.