Bowles v. Lovett
Bowles v. Lovett
Opinion of the Court
The appellants sued the appellees to obtain specific performance and damages for breach of a real estate contract. The appellees coun
1. The order of May 31, 1988, awarding attorney fees to the appellees pursuant to OCGA § 9-15-14, could not be appealed directly but was required to be preceded by an application for permission to appeal. See OCGA § 5-6-35 (a) (10); Martin v. Outz, 257 Ga. 211 (357 SE2d 91) (1987). Inasmuch as the orders dismissing the complaint and granting partial summary judgment to the appellees on their counterclaim became final on the same date (i.e., the date the appellees dismissed the remaining portions of their counterclaim) and inasmuch as the Supreme Court has already ruled that the appeal from the former order was untimely, it follows that the entire appeal must be dismissed for lack of jurisdiction. See OCGA § 5-6-48 (b).
2. The appellees’ motion for the imposition of damages against the appellants pursuant to OCGA § 5-6-6 for filing a frivolous appeal is denied, inasmuch as that Code section does not authorize damages where the appeal is dismissed for lack of jurisdiction. See Radford v. IPD Printing & Distrib., 184 Ga. App. 64 (360 SE2d 656) (1987).
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.