Anderson v. Laureano, 805 S.E.2d 636 (Ga. Ct. App. 2017). · Go Syfert
Anderson v. Laureano, 805 S.E.2d 636 (Ga. Ct. App. 2017). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 1 distinct court.
Strongest positive: Mark A. Saulny v. Chadwick J. Fortune (gactapp, 2020-05-22)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
2018 2022 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Mark A. Saulny v. Chadwick J. Fortune (2×) also: Cited "see"
Ga. Ct. App. · 2020 · confidence medium
Saulny sought to predicate his direct appeal on the trial court’s order denying his motion for new trial and its order granting OCGA § 9-11-68 attorney fees to Fortune. “[T]he denial of a motion for new trial is generally a final judgment directly appealable under OCGA § 5-6-34 (a) (1)[.]” Anderson v. Laureano, 342 Ga. App. 888, 888 ( 805 SE2d 1 636 ) (2017).
discussed Cited "see" Bobby Brown v. Velocity Investments, LLC, Assignee of Upstart Network, Inc.
Ga. Ct. App. · 2026 · signal: see · confidence high
See Anderson v. Laureano, 342 Ga. App. 888, 888 ( 805 SE2d 1 Although the trial court treated the filing as a notice of appeal, the document did not satisfy the requirements of OCGA § 5-6-37, because it failed to include the title of the case or the order sought to be appealed. 636) (2017).
discussed Cited "see" Alexis Phillips v. Petsmart, LLC (2×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Anderson v. Laureano, 342 Ga. App. 888, 888 ( 805 SE2d 636 ) (2017).
examined Cited "see" SHAZIA GULNAZ v. CC CLARKSTON, LLC (3×)
Ga. Ct. App. · 2025 · signal: see · confidence high
See Anderson v. Laureano, 342 Ga. App. 888, 888 ( 805 SE2d 636 ) (2017).
discussed Cited "see, e.g." Ehsan Razavi v. Vickie Marie Emily (2×)
Ga. Ct. App. · 2025 · signal: see also · confidence low
See MTW Investment Co. v. Vanguard Properties Financial Corp., 256 Ga. 318 ( 349 SE2d 749 ) (1986) (appeal of OCGA § 13-6-11 fee award under threshold amount of OCGA § 5-6-35 (a) (6) requires a discretionary application); see also Anderson v. Laureano, 342 Ga. App. 888 ( 805 SE2d 636 ) (2017) (OCGA § 9-11-68 award which is under $10,000 requires an application under OCGA § 5-6-35 (a) (6)).
discussed Cited "see, e.g." Abdullah v. Winslow at Eagle's Landing Homeowners Ass'n, Inc. (2×)
Ga. Ct. App. · 2019 · signal: see also · confidence low
See Brown , 255 Ga. at 457 , 339 S.E.2d 590 ( OCGA § 5-6-35 (a) (6) does not apply to a judgment where "the action and judgment are for a grant of possession and not an action or a judgment for damages"); Kelly , 220 Ga. App. at 391 , 469 S.E.2d 469 (even though amount of trial court's award was less than $ 10,000, "an action on a lien is not an action for damages necessitating a discretionary appeal under OCGA § 5-6-35 (a) (6)"); see also Anderson v. Laureano , 342 Ga. App. 888 , 888, 805 S.E.2d 636 (2017).
examined Cited "see, e.g." Askia K. Abdullah v. Winslow at Eagle's Landing Homeowners Association (4×)
Ga. Ct. App. · 2019 · signal: see also · confidence medium
See Brown, 255 Ga. at 457 (OCGA § 5-6-35 (a) (6) does not apply to a judgment where “the action and judgment are for a grant of possession and not an action or a judgment for damages”); Kelly, 220 Ga. App. at 391 (even though amount of trial court’s award was less than $10,000, “an action on a lien is not an action for damages necessitating a discretionary appeal under OCGA § 5-6-35 (a) (6)”); see also Anderson v. Laureano, 342 Ga. App. 888, 888 ( 805 SE2d 636 ) (2017).
discussed Cited "see, e.g." Mohd Chowdhury v. Atlanta's Dependable Towing, LLC (2×)
Ga. Ct. App. · 2018 · signal: see also · confidence low
Corp., 256 Ga. 318 ( 349 SE2d 749 ) (1986) (OCGA § 13-6-11 attorney fees constitute damages and awards under $10,000 require an application under OCGA § 5-6-35 (a) (6)); see also Anderson v. Laureano, 342 Ga. App. 888 ( 805 SE2d 636 ) (2017) (OCGA § 9-11- 68 costs and attorney fees under $10,000 in an action for damages requires an application under OCGA § 5-6-35 (a) (6)).
examined Cited "see, e.g." Pathfinder Payment Solutions, Inc. v. Global Payments Direct, Inc. (4×)
Ga. Ct. App. · 2018 · signal: see also · confidence low
The application shall specify the order or judgment being appealed and, if the order or judgment is interlocutory, the application shall set forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review."). 5 City of Brunswick v. Todd , 255 Ga. 448 , 448, 339 S.E.2d 589 (1986). 6 See Vaughn v. Cable East Point, Inc. , 185 Ga. App. 203 , 203, 363 S.E.2d 639 (1987) ; see also Anderson v. Laureano , 342 Ga. App. 888 , 888, 805 S.E.2d 636 (2017) ("OCGA § 5-6-35 (a) (6) provides that a party must file an application for discretionary appeal to pursue an a…
Retrieving the full opinion text from the archive…
Jameila Anderson
v.
Kathleen Laureano
A17A0986.
Court of Appeals of Georgia.
Sep 27, 2017.
805 S.E.2d 636
Adamson & Cleveland, Kevin A. Adamson, for appellant., Gardner Trial Attorneys, Timothy J. Gardner, April A. Robinson; The Werner Law Firm, Benjamin Z. Levy, for appellee.
McFadden, Branch, Bethel.
Cited by 8 opinions  |  Published
Pinpoint authority: bottom 35%
McFadden, Presiding Judge.

Jameila Anderson appeals the award of OCGA § 9-11-68 costs and attorney fees to Kathleen Laureano. Because the $801.99 award does not meet the statutory threshold of OCGA § 5-6-35 (a) (6) for filing a direct appeal in an action for damages, we lack jurisdiction over this appeal. So we must dismiss.

Anderson filed a complaint for damages against Laureano arising out of an automobile collision. Laureano served a written offer to settle the case for $5,500 under OCGA § 9-11-68. The case was not settled and proceeded to a jury trial, where the jury returned a defense verdict. Anderson timely moved for a new trial, and Laureano moved for fees and costs under OCGA § 9-11-68. The trial court entered an order denying Anderson’s motion for new trial and granting Laureano’s motion for fees and costs in the amount of $801.99. Within 30 days, Anderson filed a notice of appeal. On appeal, she challenges only the award of attorney fees and costs.

OCGA § 5-6-35 (a) (6) provides that a party must file an application for discretionary appeal to pursue an appeal “in all actions for damages in which the judgment is $10,000.00 or less[.]” The statute “applies to all judgments for $[10,000] or less that arise from an action for damages. Since the suit filed by [Anderson] was an action for damages and since this judgment was entered in that action, we find inescapable the conclusion that OCGA § 5-6-35 (a) (6) is applicable.” Vaughn v. Cable East Point, 185 Ga. App. 203 (363 SE2d 639) (1987) (citation and punctuation omitted).

The fact that the trial court awarded fees in the same order in which the court denied Anderson’s motion for new trial does not save the appeal. Although the denial of a motion for new trial is generally a final judgment directly appealable under OCGA § 5-6-34 (a) (1), here Anderson challenges only the $801.99 award of attorney fees and costs. See Numanovic v. Jones, 321 Ga. App. 763-764 (743 SE2d 450) (2013) (dismissing appeal because appellant enumerated as error ruling that was subject to discretionary appeal procedure, even though order from which notice of appeal was filed was directly appealable). See also Harpagon Co. v. Davis, 283 Ga. 410, 412 (658 SE2d 633) (2008) (“A judgment on a counterclaim is subject to such discretionary appeal provision, and when it is the focus of the appeal, it maybe evaluated independently from the original complaint for the purpose of applicability of OCGA § 5-6-35 (a) (6).”) (citation omitted). Compare Motor Fin. Co. v. Davis, 188 Ga. App. 291 (372 SE2d 674) (1988) (in dicta, noting that OCGA § 5-6-35 (a) (6) does not apply to an[*889] appeal from a judgment in favor of a defendant, i.e., no recovery for the plaintiff on the plaintiff’s claim).

Decided September 27, 2017. Adamson & Cleveland, Kevin A. Adamson, for appellant. Gardner Trial Attorneys, Timothy J. Gardner, April A. Robinson; The Werner Law Firm, Benjamin Z. Levy, for appellee.

For these reasons, Anderson’s appeal is dismissed.

Appeal dismissed.

Branch and Bethel, JJ., concur.