City of Brunswick v. Todd
| Citation | 339 S.E.2d 589,255 Ga. 448 |
| Decision Date | 18 February 1986 |
| Docket Number | No. 42561,42561 |
| Parties | CITY OF BRUNSWICK et al. v. TODD. |
| Court | Georgia Supreme Court |
John E. Bumgartner, Dickey, Whelchel, Brown & Readdick, Brunswick, for City of Brunswick et al.
Edward E. Boshears, Brunswick, for Alvin J. Todd.
We granted certiorari in this case to determine the proper application of the monetary "yardstick" found in OCGA § 5-6-35(a)(6). The Court of Appeals found that the monetary amount placed in controversy by the party seeking damages determines the proper method for seeking appellate review under subsection (a)(6). Todd v. City of Brunswick et al., 175 Ga.App. 562, 334 S.E.2d 1 (1985). We affirm the judgment, but for different reasons. 1
OCGA § 5-6-35 provides: "A judgment is the final result of pleadings, evidence and law in the case." Blandford and Thornton v. McGehee, 67 Ga. 84, 88 (1881) (emphasis in original). A judgment is not relief sought in a complaint or counterclaim. "Judgment," for the purposes of this code section, relates to the final result of an action for damages.
"Judgment" is modified by "$2,500 or less," OCGA § 5-6-35(a), and thus applies to actions in which the money judgment is one cent through $2,500. The legislature's intent was to lessen the load on the appellate courts by altering the appeals process in a given class of cases, not to penalize plaintiffs in all cases. We hold that OCGA § 5-6-35(a)(6) sets out the proper method of appeal from monetary judgments ranging from one cent to $2,500.
Judgment affirmed.
All the Justices concur.
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Robinwood, Inc. v. Baker
...§ 5-6-35(a)(6) sets out the correct method of appeal from monetary judgments ranging from one cent to $10,000. City of Brunswick v. Todd, 255 Ga. 448, 339 S.E.2d 589 (1986). As a general rule, the provisions of OCGA § 5-6-35(a)(6) do not apply to an appeal from a judgment in favor of a defe......
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Pathfinder Payment Solutions, Inc. v. Global Payments Direct, Inc.
...forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review.").5 City of Brunswick v. Todd , 255 Ga. 448, 448, 339 S.E.2d 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. Laur......
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McClure v. Gower
...for discretionary appeal "when there is an action for damages and the result is a judgment of $2,500 or less. See City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986)." Brown v. Assoc. Fin., etc., Corp., 255 Ga. 457, 339 S.E.2d 590 (1986). We have held, however, that under the Appel......
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Durham v. Dollar Tree Stores, Inc.
...the purposes of OCGA § 5-6-35 (a) (6) is the "final result " of the claim for damages. (Emphasis supplied.) City of Brunswick v. Todd , 255 Ga. 448, 449, 339 S.E.2d 589 (1986). As our Supreme Court has explained,in OCGA § 5-6-35 (a) (6), the General Assembly has expressed the clear intent t......