Anderson v. Laureano, A17A0986
Decision Date | 27 September 2017 |
Docket Number | A17A0986 |
Citation | 805 S.E.2d 636 |
Parties | ANDERSON v. LAUREANO. |
Court | Georgia Court of Appeals |
Kevin A. Adamson, Norcross, for Appellant.
Timothy James Gardner, April Anita Robinson, Benjamin Zachary Levy, for Appellee.
Jameila Anderson appeals the award of OCGA § 9–11–68 costs and attorney fees to Kathleen Laureano. Because the $801.99 award does not meet the statutory threshold of OCGA § 5–6–35 (a) (6) for filing a direct appeal in an action for damages, we lack jurisdiction over this appeal. So we must dismiss.
Anderson filed a complaint for damages against Laureano arising out of an automobile collision. Laureano served a written offer to settle the case for $5,500 under OCGA § 9–11–68. The case was not settled and proceeded to a jury trial, where the jury returned a defense verdict. Anderson timely moved for a new trial and Laureano moved for fees and costs under OCGA § 9–11–68. The trial court entered an order denying Anderson's motion for new trial and granting Laureano's motion for fees and costs in the amount of $801.99. Within 30 days, Anderson filed a notice of appeal. On appeal, she challenges only the award of attorney fees and costs.
OCGA § 5–6–35 (a) (6) provides that a party must file an application for discretionary appeal to pursue an appeal "in all actions for damages in which the judgment is $10,000.00 or less[.]" The statute Vaughn v. Cable East Point , 185 Ga. App. 203, 363 S.E.2d 639 (1987) (citation omitted).
The fact that the trial court awarded fees in the same order in which the court denied Anderson's motion for new trial does not save the appeal. Although the denial of a motion for new trial is generally a final judgment directly appealable under OCGA § 5–6–34 (a) (1), here Anderson challenges only the $801.99 award of attorney fees and costs. See Numanovic v. Jones , 321 Ga. App. 763–764, 743 S.E.2d 450 (2013) ( ). See also Harpagon Co. v. Davis , 283 Ga. 410, 412, 658 S.E.2d 633 (2008) (...
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...589 (1986).6 See Vaughn v. Cable East Point, Inc. , 185 Ga. App. 203, 203, 363 S.E.2d 639 (1987) ; see also Anderson v. Laureano , 342 Ga. App. 888, 888, 805 S.E.2d 636 (2017) ("OCGA § 5-6-35 (a) (6) provides that a party must file an application for discretionary appeal to pursue an appeal......
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Abdullah v. Winslow At Eagle's Landing Homeowners Ass'n, Inc.
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