Rich v. McDonald Car & Truck Leasing, Inc.

Georgia Court of Appeals
Rich v. McDonald Car & Truck Leasing, Inc., 349 S.E.2d 832 (1986)
180 Ga. App. 613; 1986 Ga. App. LEXIS 2227
Beasley, Deen, Benham

Rich v. McDonald Car & Truck Leasing, Inc.

Opinion

Beasley, Judge.

1. Direct appeal was taken from a judgment finding against the plaintiff on her complaint, entered as a sanction for failure to appear without legal cause, and also for the defendant on its counterclaim for liquidated damages in the principal sum of $424.69 plus interest and 15% attorney fees ($63.70). The proper method to obtain appellate review from a judgment for “$2,500 or less” is by first applying for discretionary appeal under OCGA § 5-6-35 (a) (6). City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986); Brown v. Assoc. Fin. &c. Corp., 255 Ga. 457 (339 SE2d 590) (1986).

If the case below had involved only plaintiff-appellant’s claim and its dismissal, a direct appeal would be proper as it would not come within the category of cases carved out by subsection 6, since she did not win a judgment at all. Her complaint was for conversion of an auto she had leased and claimed title to, and she suffered a zero judgment.

2. Appellee’s motion for damages pursuant to OCGA § 5-6-6 is denied. See Miller v. Bank of the South, 177 Ga. App. 42, 43 (2) (338 SE2d 436) (1985); King v. Gosdin, 169 Ga. App. 878 (1) (315 SE2d 666) (1984); James v. Seritt, 121 Ga. App. 783 (175 SE2d 163) (1970).

Appeal dismissed.

Deen, P. J., and Benham, J., concur.

Reference

Full Case Name
RICH v. McDONALD CAR & TRUCK LEASING, INC.
Cited By
6 cases
Status
Published