Tracy Worley v. Apalachee Farms Homeowners Association, Inc. ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 14, 2018
    The Court of Appeals hereby passes the following order:
    A19A0727. TRACY WORLEY et al.                           v.   APALACHEE          FARMS
    HOMEOWNERS ASSOCIATION, INC.
    Tracy Worley and Melanie Worley appeal the trial court’s order granting
    Apalachee Farms Homeowners Association, Inc.’s motion for summary judgment
    awarding judgment against the Worleys in the total amount of $4,852.17, which
    includes interest, court costs, and attorney’s fees. We, however, lack jurisdiction.
    “Although the grant of a motion for summary judgment is in general directly
    appealable, where the amount of the judgment is $10,000 or less, an application for
    discretionary appeal is required.” Ca-Shar v. McKesson Corp., 
    204 Ga. App. 865
    ,
    865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6).
    As the total judgment in favor of Apalachee Farms Homeowners Association is less
    than $10,000, the entry of summary judgment provides no basis for a direct appeal in
    this case. See Ca-Shar, 204 Ga. App. at 865-866. The Worleys’ failure to follow the
    discretionary appeal procedure deprives us of jurisdiction to consider their appeal. See
    Jennings v. Moss, 
    235 Ga. App. 357
    , 357 (509 SE2d 655) (1998).
    Accordingly, Apalachee Farms Homeowners Association’s motion to dismiss
    is GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/14/2018
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A19A0727

Filed Date: 12/19/2018

Precedential Status: Precedential

Modified Date: 12/19/2018