Rich v. McDonald Car & Truck Leasing, Inc., 73438
| Decision Date | 20 October 1986 |
| Docket Number | No. 73438,73438 |
| Citation | 349 S.E.2d 832,180 Ga.App. 613 |
| Parties | RICH v. McDONALD CAR & TRUCK LEASING, INC. |
| Court | Georgia Court of Appeals |
W. LaRue Boyce, Jr., Decatur, for appellant.
Douglas W. McDonald, Sr., Cornelia, for appellee.
1. Direct appeal was taken from a judgment finding against the plaintiff on her complaint and also for the defendant on its counterclaim for liquidated damages in the principal sum of $424.69 plus interest and 15% attorney fees ($63.70). The proper method to obtain appellate review from a judgment for less than $2,500 is by first applying for discretionary appeal under OCGA § 5-6-35(a)(6). City of Brunswick v. Todd, 255 Ga. 448, 339 S.E.2d 589 (1986); Brown v. Assoc. Fin., etc., Corp., 255 Ga. 457, 339 S.E.2d 590 (1986).
If the case below had involved only her claim and its dismissal, a direct appeal would be proper as it would not come within the category of cases carved out by subsection 6. Her complaint was for conversion of an auto she had leased and claimed title to.
2. Appellee's motion for damages pursuant to OCGA § 5-6-6 is denied. See Miller v. Bank of the South, 177 Ga.App. 42, 43(2), 338 S.E.2d 436 (1985); King v. Gosdin, 169 Ga.App. 878(1), 315 S.E.2d 666 (1984); James v. Seritt, 121 Ga.App. 783, 175 S.E.2d 163 (1970).
Appeal dismissed.
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