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Phillips v. Poplar Farm Homeowners' Ass'n

Court of Appeals of Georgia
Jul 29, 2024
No. A25A0031 (Ga. Ct. App. Jul. 29, 2024)

Opinion

A25A0031

07-29-2024

LADONNA C. PHILLIPS v. POPLAR FARM HOMEOWNERS' ASSOCIATION, INC.


The Court of Appeals hereby passes the following order:

In this action to collect unpaid homeowners' association assessments, the trial court entered a final default judgment awarding the plaintiff a total of $7,695.20. Defendant LaDonna C. Phillips 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). Phillips's 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.


Summaries of

Phillips v. Poplar Farm Homeowners' Ass'n

Court of Appeals of Georgia
Jul 29, 2024
No. A25A0031 (Ga. Ct. App. Jul. 29, 2024)
Case details for

Phillips v. Poplar Farm Homeowners' Ass'n

Case Details

Full title:LADONNA C. PHILLIPS v. POPLAR FARM HOMEOWNERS' ASSOCIATION, INC.

Court:Court of Appeals of Georgia

Date published: Jul 29, 2024

Citations

No. A25A0031 (Ga. Ct. App. Jul. 29, 2024)