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Lawskills.com Georgia Caselaw
RICH v. MCDONALD CAR & TRUCK LEASING, INC.
73438.
BEASLEY, Judge.
Action for damages. Habersham Superior Court. Before Judge Gunter.
1. Direct appeal was taken from a judgment finding against the plaintiff on her complaint and also for the defendant on its counter-claim 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 SE2d 589) (1986); Brown v. Assoc. Fin. &c. Corp., 255 Ga. 457 (339 SE2d 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 SE2d 436) (1985); King v. Gosdin, 169 Ga. App. 878 (1) (315 SE2d 666) (1984); James v. Seritt, 121 Ga. App. 783 (175 SE2d 163) (1970).
Douglas W. McDonald, Sr., for appellee.
W. LaRue Boyce, Jr., for appellant.
DECIDED OCTOBER 20, 1986.
Thursday May 21 15:32 EDT


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