William Rudd v. Crown Asset Management, LLC, Assignee of Upgrade, Inc.
CourtCourt of Appeals of Georgia
Date FiledAugust 27, 2026
DocketA27A0227
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 27, 2026
The Court of Appeals hereby passes the following order:
A27A0227. WILLIAM RUDD v. CROWN ASSET MANAGEMENT, LLC,
ASSIGNEE OF UPGRADE, INC.
In this action to recover on a promissory note, defendant William Rudd filed
this pro se direct appeal from a superior court order setting aside and re-entering a
prior order granting the plaintiff’s motion for summary judgment; awarding the
plaintiff $2,207.06 in principle, $177.59 in interest and fees, and $263.00 in court
costs; and denying Rudd’s motion to stay enforcement of the judgment. We lack
jurisdiction.
“Although the grant of a motion for summary judgment is in general directly
appealable, where the amount of the judgment is $10,000 or less, an application for
discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865,
865 (420 SE2d 810) (1992) (citation modified). See OCGA § 5-6-35(a)(6), (b). Here,
as the total judgment in favor of the plaintiff is for less than the statutory amount, the
entry of summary judgment provides no basis for a direct appeal in this case. See Ca-
Shar, Inc., 204 Ga. App. at 865–66. “Compliance with the discretionary appeals
procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257
(471 SE2d 60) (1996). Consequently, Rudd’s failure to comply with the discretionary
review procedure deprives us of jurisdiction over this direct appeal, which is hereby
DISMISSED. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/27/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.