349 S.E.2d 832 | Ga. Ct. App. | 1986
RICH
v.
McDONALD CAR & TRUCK LEASING, INC.
Court of Appeals of Georgia.
W. LaRue Boyce, Jr., for appellant.
Douglas W. McDonald, Sr., for appellee.
BEASLEY, Judge.
1. Direct appeal was taken from a judgment finding against the plaintiff on her complaint, entered as a sanction for failure to appear without legal cause, and also for the defendant on its counterclaim 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 "$2,500 or less" 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 plaintiff-appellant's 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, since she did not win a judgment at all. Her complaint was for conversion of an auto she had leased and claimed title to, and she suffered a zero judgment.
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).
Appeal dismissed. Deen, P. J., and Benham, J., concur.