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JONES ROOFING CONSTRUCTION COMPANY v. ROBERTS

Court of Appeals of Georgia.
May 22, 1986
Important Paras
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BEASLEY, Judge.

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 S.E.2d 589) (1986); Brown v. Assoc. Fin. Svcs. Corp., 255 Ga. 457 ( 339 S.E.2d 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 S.E.2d 44) (1983), reversed on other grounds, Steele v. Cincinnati Ins. Co., 252 Ga. 58 ( 311 S.E.2d 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.

Main appeal (Case No. 71901) and cross-appeal (Case No. 71902) dismissed. Deen, P. J., and Benham, J., concur.

DECIDED MAY 22, 1986.