Case Information
*1 Court of Appeals
of the State of Georgia
ATLANTA,____________________ February 14, 2017 The Court of Appeals hereby passes the following order: A17A1032. BRUCE ROSE v. LENNOX INTERNATIONAL, INC. d/b/a
HEATCRAFT REFRIGERATION PRODUCTS.
Bruce Rose appeals the trial court’s order granting Lennox International, Inc.’s motion for summary judgment and awarding judgment against Rose in the amount of $5,000.00. We, however, lack jurisdiction.
“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required.” Ca-Shar v. McKesson Corp. , 204 Ga. App. 865 (420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)) (punctuation omitted). As the total judgment in favor of Lennox International is less than $10,000.00, the entry of summary judgment provides no basis for a direct appeal in this case. See Ca-Shar , 204 Ga. App. at 865-866. Rose’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider his appeal, which is hereby DISMISSED. See Jennings v. Moss , 235 Ga. App. 357 (509 SE2d 655) (1998).
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/14/2017 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk.