Kirby Berrios v. Crown Asset Management, LLC , Assignee of Comenity Bank

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 29, 2026

The Court of Appeals hereby passes the following order:

A26A2010. KIRBY BERRIOS v. CROWN ASSET MANAGEMENT, LLC,
ASSIGNEE OF COMENITY BANK.

Crown Asset Management, LLC sued Kirby Berrios for breach of contract for
a defaulted credit card account. The trial court granted Crown Asset Management’s
motion for summary judgment and entered judgment in favor of it in the amount of
$6,451.01, along with costs of $268.00. Berrios then filed a notice of appeal. We,
however, lack jurisdiction.
Appeals in actions for damages in which the judgment is $10,000 or less must
be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(6), (b);
Pathfinder Payment Solutions v. Global Payments Direct, 344 Ga. App. 490, 490–91 (810
SE2d 653) (2018). “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.” Thompson v. Salacoa Highland Prop.
Owners’ Ass’n, 295 Ga. App. 478, 480 (672 SE2d 448) (2009) (quotation marks
omitted). “Compliance with the discretionary appeals procedure is jurisdictional.”
Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).
Berrios’s failure to comply with the discretionary appeals procedure deprives
us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/29/2026
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.