Crimminger v. Habif, 69949
Decision Date | 01 April 1985 |
Docket Number | No. 69949,69949 |
Citation | 330 S.E.2d 164,174 Ga.App. 440 |
Parties | CRIMMINGER et al. v. HABIF. |
Court | Georgia Court of Appeals |
Michael E. McLaughlin, Atlanta, for appellants.
Leonard L. Franco, Atlanta, for appellee.
Appellee landlord brought suit against appellant tenants on October 22, 1982, for breach of a lease agreement by vacating the premises prior to the expiration of the lease, seeking rent and late charges due thereunder. After trial on September 19, 1984, the jury returned a verdict in favor of appellee in the amount of $1,500 plus court costs and appellants filed a direct appeal to this court on October 17, 1984. Appellee has moved to dismiss this appeal for failure to comply with the discretionary appeal procedures pursuant to OCGA § 5-6-35(a)(6), which became effective July 1, 1984.
Held:
Under the 1984 amendment to OCGA § 5-6-35, appeals in all actions for damages in which the judgment is $2,500 or less must be made by application to the appropriate appellate court for discretionary review. "Where a lessee repudiates his lease and abandons the rented premises, the lessor may sue for a breach of the contract before the expiration of the term, and the damages are to be measured by the difference between the rent stipulated in the lease and the actual rental value for the balance of the term." Reid v. Fain, 134 Ga. 508, 510(2), 68 S.E. 97 (1910); Dehco v. Greenberg, 105 Ga.App. 236, 238(2), 124 S.E.2d 311 (1962). See also Maolud v. Keller, 157 Ga.App. 430(1), 278 S.E.2d 80 (1981); Harden v. Drost, 156 Ga.App. 363(2), 274 S.E.2d 748 (1980). The action here was thus one for damages within the purview of OCGA § 5-6-35(a)(6).
We are not persuaded by appellants' argument that because the action was instituted prior to enactment of the 1984 amendment, the appeal procedure is governed by the law in effect at the time of the filing of the lawsuit rather than when final judgment was entered. The Appellate Practice Act in OCGA § 5-6-38 Gibson v. Hodges, 221 Ga. 779, 781-82(2), 147 S.E.2d 329 (1966); G.M.J. v. State of Ga., 130 Ga.App. 420(1), 203 S.E.2d 608 (1973). "There can be no effective appeal from anything but a judgment--a final judgment without a certificate, or an interlocutory judgment with a certificate..." (G.M.J. v. State of Ga., supra at 422(5), 203 S.E.2d 608) or, by application under the discretionary provisions of OCGA § 5-6-35. ...
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In re S. W.
...order in the trial court. It is well settled that "a judgment must be entered before an appeal is taken." Crimminger v. Habif , 174 Ga. App. 440, 440, 330 S.E.2d 164 (1985) (citations and punctuation omitted); G. M. J. v. State , 130 Ga. App. 420, 422 (5), 203 S.E.2d 608 (1973) ("There can ......
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Murphy v. Murphy
...this Court dismissed the direct appeal. In so doing, this Court noted the decision of the Court of Appeals in Crimminger v. Habif, 174 Ga.App. 440, 330 S.E.2d 164 (1985), a case involving a lawsuit filed in 1982 in which a verdict was obtained in September 1984, and a judgment was entered i......
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Day v. Stokes
...entered until after the effective date. The Court of Appeals had occasion to consider such circumstances in Crimminger v. Habif, 174 Ga.App. 440, 330 S.E.2d 164 (1985), where a suit filed in 1982 culminated in a verdict in September 1984 and a judgment in October 1984, both after the July 1......
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Campbell v. State, 71649
...September 19, 1985 and appellant did not file a new notice of appeal. The State contends that under the holding in Crimminger v. Habif, 174 Ga.App. 440, 330 S.E.2d 164 (1985), appellant's notice of appeal was premature, and thus, the appeal should be dismissed. Crimminger was a civil case a......