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Terrence Wilson v. Gateway One Lending & Finance, LLC

Citation: Not availableDocket: A17A1672

Court: Court of Appeals of Georgia; May 25, 2017; Georgia; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Terrence Wilson appeals a state court order that granted Gateway One Lending Finance, LLC's motion for summary judgment, resulting in a total award of $6,603.03 in principal, $434.54 in interest, $728.45 in attorney fees, and court costs. The Court of Appeals identifies a jurisdictional issue, noting that while summary judgment orders are generally directly appealable, appeals are only permitted in such cases when the judgment amount exceeds $10,000. Since the judgment against Wilson is below this threshold, a discretionary appeal application was necessary but not filed. Consequently, the court lacks jurisdiction to entertain the appeal, leading to its dismissal. The decision references relevant case law and statutory authority to support the ruling.

Legal Issues Addressed

Appealability of Summary Judgment Orders

Application: The court identifies that while summary judgment orders are generally appealable, this case requires a specific condition to be met due to the monetary threshold.

Reasoning: The Court of Appeals identifies a jurisdictional issue, noting that while summary judgment orders are generally directly appealable, appeals are only permitted in such cases when the judgment amount exceeds $10,000.

Jurisdictional Requirements for Appeals

Application: The court explains that it lacks jurisdiction to hear the appeal because the appellant did not file a necessary discretionary appeal application due to the judgment amount being below the statutory threshold.

Reasoning: Since the judgment against Wilson is below this threshold, a discretionary appeal application was necessary but not filed. Consequently, the court lacks jurisdiction to entertain the appeal, leading to its dismissal.