Opinion
A24A1573
07-23-2024
GEORGE TOBO v. REGENCY OAKS NEIGHBORHOOD ASSOCIATION, INC.
The Court of Appeals hereby passes the following order:
In this action to collect neighborhood association assessments and other charges, the trial court entered an order granting the plaintiff's motion for summary judgment and awarding the plaintiff a total of $8,376.62. Defendant George Tobo filed a notice of 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). Tobo'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.