Appellee moved for summary judgment on this issue, which was granted. Appellant filed a direct appeal.
2. Appellee filed a motion seeking imposition of 10 percent damages pursuant to OCGA 5-6-6
. The motion must be denied, not on its merits, but because the statute provides for such damages "upon any judgment. . . which has been affirmed." No provision is made for imposing such damages when the appeal is dismissed. Radford v. IPD Printing &c., 184 Ga. App. 64 (2) (360 SE2d 656) (1987)