Jones Roofing & Const. Co., Inc. v. Roberts
| Decision Date | 22 May 1986 |
| Docket Number | 71902,Nos. 71901,s. 71901 |
| Parties | JONES ROOFING & CONSTRUCTION COMPANY, INC. v. ROBERTS. ROBERTS v. JONES ROOFING & CONSTRUCTION COMPANY, INC. |
| Court | Georgia Court of Appeals |
Allen W. Johnson, Augusta, for appellant.
John L. Creson, Augusta, for appellee.
The instant main appeal was taken from a judgment awarding damages of $1,340 plus attorney fees in the amount of $300.
1. Since this was an action for damages in which the judgment was less than $2,500, appellant was required to file an application which it did not do. OCGA § 5-6-35(a)(6); City of Brunswick v. Todd, 255 Ga. 448, 339 S.E.2d 589 (1986); Brown v. Assoc. Fin. Svcs. Corp., 255 Ga. 457, 339 S.E.2d 590 (1986). The main appeal is therefore dismissed.
2. The cross-appeal by Roberts suffers from the same infirmity. Although OCGA § 5-6-48 permits a cross-appeal to survive the dismissal of a main appeal this is true only where the cross-appeal can stand on its own merit. This court has no jurisdiction to entertain a cross-appeal "which must derive its life from the main appeal." Steele v. Cincinnati Ins. Co., 167 Ga.App. 550(2), 307 S.E.2d 44 (1983) [reversed on other grounds Steele v. Cincinnati Ins. Co., 252 Ga. 58, 311 S.E.2d 470 (1984) ] and cases therein cited. Here there was no application for discretionary review by cross-appellant so the cross-appeal cannot stand in its own right.
Main appeal (Case No. 71901) and cross-appeal (Case No. 71902) dismissed.
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...Transit Authority v. Harrington, George & Dunn, P.C., 208 Ga.App. 736, 431 S.E.2d 730 (1993). Compare Jones Roofing & Construction Co. v. Roberts, 179 Ga.App. 169, 345 S.E.2d 683 (1986). 7 But see Ewing Holding Corp. v. Egan-Stanley Invs., Inc., 154 Ga.App. 493, 268 S.E.2d 733 (1980). 8 Whe......
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...no application under OCGA § 5-6-34(a) for interlocutory review. Id. at 847, 406 S.E.2d 276. Finally, in Jones Roofing, etc., Co. v. Roberts, 179 Ga.App. 169, 345 S.E.2d 683 (1986), we held that this Court has no jurisdiction "to entertain a cross-appeal which must derive its life from the m......
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