Cornelia M. Allgary v. Discover Bank ( 2017 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    October 05, 2017
    The Court of Appeals hereby passes the following order:
    A18A0357. CORNELIA M. ALLGARY v. DISCOVER BANK.
    Cornelia M. Allgary filed this direct appeal from the superior court’s order
    granting summary judgment to Discover Bank and awarding the bank $6,873.01 in
    principal, $255.00 in court costs, and an unspecified amount of post-judgment
    interest. 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, Inc. 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 the bank is for 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. Because Allgary failed to follow the required procedure,
    we lack jurisdiction to consider this appeal, which is hereby DISMISSED. See
    Jennings v. Moss, 
    235 Ga. App. 357
     (509 SE2d 655) (1998).
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    10/05/2017
    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: A18A0357

Filed Date: 10/11/2017

Precedential Status: Precedential

Modified Date: 10/11/2017