Handler v. Hulsey

Andrews, Judge.

Handler sued Hulsey in magistrate court. After a judgment was entered in favor of Handler on his claim and against Hulsey on his counterclaim, Hulsey appealed to state court for a de novo trial pursuant to OCGA § 15-10-41 (b). After a jury trial in state court, judgment was entered in favor of Hulsey on his counterclaim and against Handler’s claim. Handler filed a direct appeal to this court. Hulsey moved for dismissal of the direct appeal on the basis that OCGA § 5-6-35 (a) (11) requires that an application for discretionary appeal be filed when an appeal is sought from a…