lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
JONES ROOFING & CONSTRUCTION COMPANY, INC. v. ROBERTS; and vice versa.
71901.
71902.
BEASLEY, Judge.
Action for damages. Richmond Civil Court. Before Judge Mixon.
The instant main appeal was taken from a judgment awarding damages of $1,340 plus attorney fees in the amount of $300.
1. Since this was an action for damages in which the judgment was less than $2,500, appellant was required to file an application which it did not do. OCGA 5-6-35 (a) (6); City of Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986); Brown v. Assoc. Fin. Svcs. Corp., 255 Ga. 457 (339 SE2d 590) (1986). The main appeal is therefore dismissed.
2. The cross-appeal by Roberts suffers from the same infirmity. Although OCGA 5-6-48 permits a cross-appeal to survive the dismissal of a main appeal this is true only where the cross-appeal can stand on its own merit. This court has no jurisdiction to entertain a cross-appeal "which must derive its life from the main appeal." Steele v. Cincinnati Ins. Co., 167 Ga. App. 550 (2) (307 SE2d 44) (1983), reversed on other grounds, Steele v. Cincinnati Ins. Co., 252 Ga. 58 (311 SE2d 470) (1984), and cases therein cited. Here there was no application for discretionary review by cross-appellant so the cross-appeal cannot stand in its own right.
John L. Creson, for appellee.
Allen W. Johnson, for appellant.
DECIDED MAY 22, 1986.
Thursday May 21 15:17 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com