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Juanda Roberts v. Stone Gate Cottages Condominium Association, Inc.
Citation: Not availableDocket: A17A0547
Court: Court of Appeals of Georgia; December 6, 2016; Georgia; State Appellate Court
Original Court Document: View Document
Juanda Roberts filed a notice of appeal against the Stone Gate Cottages Condominium Association after the trial court granted the Association’s motion for summary judgment, resulting in a judgment of $5,565.23 against Roberts. The Court of Appeals determined it lacked jurisdiction to hear the appeal for two reasons. First, Roberts's appeal was untimely, as the notice was filed 65 days after the trial court's order on July 6, 2016, exceeding the 30-day filing requirement outlined in OCGA § 5-6-38 (a). Second, Roberts did not file an application for discretionary appeal as mandated by OCGA § 5-6-35 (a)(6), which is necessary for judgments under $10,000. Since both procedural failures deprived the court of jurisdiction, the appeal was dismissed.