CITY OF BRUNSWICK et al. v. TODD., 255 Ga. 448, 339 S.E.2.d 589 (1986)

Supreme Court of Georgia, (February 18, 1986)

Docket number: 42561
DECIDED

SMITH, Justice. - DECIDED
Permanent Link: http://vlex.com/vid/city-of-brunswick-v-todd-20400109
Id. vLex: VLEX-20400109

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Summary:

Judgment affirmed. All the Justices concur.

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Cited by:

Georgia Court Of Appeals - Boatner v. Kandul., 180 Ga. App. 234, 348 S.E.2d 753 (1986)

Supreme Court of Georgia - BALES v. SHELTON., 260 Ga. 335, 391 S.E.2.d 394 (1990)

Georgia Court Of Appeals - Malloy v. Sexton., 179 Ga. App. 769, 347 S.E.2d 648 (1986)

Georgia Court Of Appeals - Williams v. Charter Credit Company., 179 Ga. App. 721, 347 S.E.2d 635 (1986)

Georgia Court Of Appeals - Service Truck Brokers v. Kellco Transportation, Inc., 196 Ga. App. 702, 397 S.E.2d 53 (1990)

Georgia Court Of Appeals - Smathers v. City of Lawrenceville Housing Authority., 193 Ga. App. 94, 387 S.E.2d 6 (1989)

Georgia Court Of Appeals - Rich v. Mcdonald Car &Amp; Truck Leasing, Inc., 180 Ga. App. 613, 349 S.E.2d 832 (1986)

Georgia Court Of Appeals - Klobe v. Montgomery Ward &Amp; Company, Inc., 178 Ga. App. 164, 342 S.E.2d 496 (1986)

Georgia Court Of Appeals - Honester v. Tinsley., 183 Ga. App. 146, 358 S.E.2d 295 (1987)

Georgia Court Of Appeals - Nazerian v. City of Mccaysville., 178 Ga. App. 27, 342 S.E.2d 11 (1986)

Text:

Edward E. Boshears, for appellee.

We granted certiorari in this case to determine the proper application of the monetary "yardstick" found in OCGA 5-6-35 (a) (6). The Court of Appeals found that the monetary amount placed in controversy by the party seeking damages determines the proper method for seeking appellate review under subsection (a) (6). Todd v. City of Brunswick, 175 Ga. App. 562 (334 SE2d 1) (1985). We affirm the judgment, but for different reasons. [1]

OCGA 5-6-35 provides: "(a) Appeals in the following cases shall be taken as provided by this code section [i.e., by application]: . . . (6) Appeals in all actions for damages in which the judgment is $2,500 or less." "A judgment is the final result of pleadings, evidence and law in the case." Blandford & Thornton v. McGehee, 5-6-35 (a), and thus applies to actions in which the money judgment is one cent through $2,500. The legislature's intent was to lessen the load on the appellate courts by altering the appeals process in a given class of cases, not to penalize plaintiffs in all cases. We hold that OCGA 5-6-35 (a) (6) sets out the proper method of appeal from monetary judgments ranging from one cent to $2,500.

Certiorari to the Court of Appeals of Georgia -- 175 Ga. App. 562.

Notes:

1. See Brown v. Assoc. Financial Services Corp., 255 Ga. 458 (339 SE2d 590) (1986).

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