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JARRETT v. FORD MOTOR CREDIT COMPANY et al.
71730.
SOGNIER, Judge.
Action on contract. Clayton State Court. Before Judge Benefield.
Ford Motor Credit Company (Ford Motor) brought this action against Gary Jarrett seeking $1,482.18, the alleged balance due on a lease contract. Jarrett filed a direct appeal from the trial court's grant of summary judgment in favor of Ford Motor for $1,482.18 principal plus $173.22 attorney fees.
OCGA 5-6-35 (a) (6). This statute unambiguously refers to "judgments" in general and we therefore construe it to be applicable to judgments in the amount of $2,500 or less obtained by verdict following a bench or jury trial as well as by summary judgment. See generally Irwin v. Busbee, 241 Ga. 567 (247 SE2d 103) (1978). Thus, because the appellant failed to follow the provisions required by OCGA 5-6-35 (b) for cases in which an application for appeal is required, this direct appeal must be dismissed. Simpkins v. Minks, 175 Ga. App. 729 (334 SE2d 340) (1985). See also Brown v. Assoc. Fin. Svcs. Corp., 255 Ga. 457 (339 SE2d 590) (1986).
Daniel F. Bridgers, for appellees.
William H. Turner, Jr., for appellant.
DECIDED MARCH 19, 1986 -- REHEARING DENIED APRIL 3, 1986.
Thursday May 21 15:16 EDT


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