Background
Navy Federal Credit Union obtained a final judgment against Teyunia Burley for $5,610.35 in an action on a debt.
Burley filed a notice of appeal from that judgment. She did not file an application for discretionary appeal.
The Court’s Holding
The Court of Appeals of Georgia held that it lacked jurisdiction. Under OCGA § 5-6-35 (a) (6), an application for discretionary appeal is required in an action for damages when the judgment is $10,000 or less.
Because the judgment against Burley was below $10,000, she was required to use the discretionary-application procedure. Her failure to do so deprived the court of jurisdiction, and the court dismissed the appeal.
Key Takeaways
- A judgment of $10,000 or less in an action for damages generally must be challenged through Georgia’s discretionary-appeal procedure.
- Filing a direct notice of appeal does not satisfy the statutory application requirement.
- Failure to follow the correct appellate procedure can require dismissal for lack of jurisdiction.
Why It Matters
The order underscores that Georgia practitioners must identify the proper route to appellate review before filing. When OCGA § 5-6-35 applies, proceeding by notice of appeal instead of a discretionary application can end the appeal without review of the merits.