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RICH v. McDONALD CAR TRUCK LEASING, INC.

BEASLEY, Judge.

1. Direct appeal was taken from a judgment finding against the plaintiff on her complaint, entered as a sanction for failure to appear without legal cause, and also for the defendant on its counterclaim for liquidated damages in the principal sum of $424.69 plus interest and 15% attorney fees ($63.70). The proper method to obtain appellate review from a judgment for "$2,500 or less" is by first applying for discretionary appeal under OCGA § 5-6-35 (a) (6). City of Brunswick v. Todd, 255 Ga. 448 ( 339 S.E.2d 589) (1986); Brown v. Assoc. Fin. c. Corp., 255 Ga. 457 ( 339 S.E.2d 590) (1986).

If the case below had involved only plaintiff-appellant's claim and its dismissal, a direct appeal would be proper as it would not come within the category of cases carved out by subsection 6, since she did not win a judgment at all. Her complaint was for conversion of an auto she had leased and claimed title to, and she suffered a zero judgment.

2. Appellee's motion for damages pursuant to OCGA § 5-6-6 is denied. See Miller v. Bank of the South, 177 Ga. App. 42, 43 (2) ( 338 S.E.2d 436) (1985); King v. Gosdin, 169 Ga. App. 878 (1) ( 315 S.E.2d 666) (1984); James v. Seritt, 121 Ga. App. 783 ( 175 S.E.2d 163) (1970).

Appeal dismissed. Deen, P. J., and Benham, J., concur.

DECIDED OCTOBER 20, 1986.
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RICH v. McDONALD CAR TRUCK LEASING, INC
(Oct 20, 1986)