Opinion
A89A1695.
DECIDED SEPTEMBER 18, 1989. REHEARING DENIED OCTOBER 3, 1989.
Appeal dismissal. Gwinnett State Court. Before Judge Rodatus.
Bobby Smathers, pro se. Webb, Fowler Tanner, Anthony O. L. Powell, Russell T. Bryant, for appellee.
Following a non-jury trial, the appellee recovered a judgment against the appellant in the amount of $995.52 for conversion. Thereafter, the court granted a motion by the appellee for an award of attorney fees and expenses of litigation pursuant to OCGA § 9-15-14. This direct appeal followed. Held:
1. Pursuant to OCGA § 5-6-35 (a) (6), an application for appeal must be filed in "all actions for damages in which the judgment is $2,500.00 or less." See City of Brunswick v. Todd, 255 Ga. 448 ( 339 S.E.2d 589) (1986). Also, pursuant to OCGA § 5-6-35 (a) (10), an application for appeal must be filed in order to appeal an award of attorney fees and expenses of litigation entered pursuant to OCGA § 9-15-14. See Loveless v. Pickering, 187 Ga. App. 49 ( 369 S.E.2d 281) (1988). There having been no compliance with the application procedure in this case, it follows that the present appeal must be dismissed for lack of jurisdiction.
2. Inasmuch as the appeal has been dismissed, the appellee's motion for imposition of a penalty against the appellant pursuant to OCGA § 5-6-6 for filing a frivolous appeal must be denied. See Bowles v. Lovett, 190 Ga. App. 650 (2) ( 379 S.E.2d 805) (1989).
Appeal dismissed. Sognier and Pope, JJ., concur.