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Lawskills.com Georgia Caselaw
MADAN v. DAMIANO.
A94A1159.
JOHNSON, Judge.
Action on lease. Fulton State Court. Before Judge Joyner.
Vito Damiano filed a complaint against Gobind Madan alleging breach of a lease agreement for failure to maintain and repair the premises. Madan filed a counterclaim alleging that Damiano entered into a prior settlement agreement between the parties in bad faith, that Damiano breached that agreement in various ways, that Damiano has caused Madan unnecessary trouble and expense, that Damiano has interfered with Madan's contractual and business relations and that Damiano has defrauded Madan. Upon Damiano's motion, the trial court ordered Madan to plead his counterclaim for fraud with more particularity. Thereafter, the court granted Damiano's motion to dismiss the fraud portion of the counterclaim because Madan failed to comply with the order that he plead that claim with more particularity. Approximately six months later, the court granted summary judgment to Damiano on his main claim for breach of the lease agreement in the amount of $1,923, plus an unstated amount of interest and attorney fees. Madan filed this direct appeal.
We do not have jurisdiction over this appeal. The trial court's grant of summary judgment to Damiano for a sum less than $10,000 does not provide a basis for Madan's direct appeal. "[A]ppeals in all actions for damages in which the judgment is $10,000.00 or less shall be by application as set forth in OCGA 5-6-35 (b). Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required." (Citations and punctuation omitted.) Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992).
Barbara M. Stalzer, for appellee.
Robert W. Raleigh, for appellant.
DECIDED JUNE 30, 1994.
Thursday May 21 06:48 EDT


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