Saben Appliances v. Waller., 194 Ga. App. 286, 390 S.E.2d 431 (1990)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: A90A0320

Parts: DEEN, Presiding Judge.

Linked as:

Summary

Appeal dismissed. Pope and Beasley, JJ., concur.

Summary

Appeal dismissed. Pope and Beasley, JJ., concur.

Text

Baxter C. Howell, Jr., for appellee.

The plaintiff appellee commenced this action in a magistrate's court, suffered an adverse judgment there, and appealed to the state court, where he won a judgment of $331.32. This appeal is subject to the discretionary appeal procedures under both OCGA 5-6-35 (a) (6) and 5-6-35 (a) (11). The direct appeal filed by the appellant therefore must be dismissed. Covrig v. Campbell, 187 Ga. App. 39 (369 SE2d 293) (1988). The appellee's motion for damages for frivolous appeal, pursuant to OCGA 5-6-6, is denied.