Background
Jonathan Querisma, a former tenant of Gwendolyn Patricia Austin, sued Austin for damage to or disposal of his personal property. After a bench trial, the trial court entered judgment for Querisma and awarded him $5,000.
Austin filed a direct appeal from that judgment.
The Court’s Holding
The Court of Appeals dismissed the appeal for lack of jurisdiction. Under OCGA § 5-6-35(a)(6), an appeal in a damages action with a judgment of $10,000 or less must be initiated through an application for discretionary review.
Because Austin filed a direct appeal rather than the required discretionary application, she did not comply with a jurisdictional appellate procedure. The court therefore dismissed the appeal.
Key Takeaways
- A $10,000-or-less judgment in a damages action generally requires an application for discretionary review in Georgia.
- Using a direct appeal when a discretionary application is required is a jurisdictional defect.
- The Court of Appeals did not reach the merits of the property-damage dispute.
Why It Matters
The order underscores that Georgia appellate practitioners must identify the correct appellate route before filing. A direct appeal cannot substitute for a required discretionary application, even where the appellant seeks review of a final judgment entered after a bench trial.