This is a direct appeal by plaintiff, the Harpagon Company, LLC. “Harpagon”, following a judgment entered by the superior court in an action which originated as a petition to quiet title to a condominium unit “property” Harpagon acquired by quitclaim deed following a tax sale.1 For the reasons which follow, the appeal is dismissed. The sole issue argued on appeal is whether Harpagon is liable for accrued condominium assessments and attendant charges with respect to the property from the date of the tax sale through the date the right to redeem the property was foreclosed. The issue is raised by virtue of the superior court’s award of judgment for such assessments and attendant charges adverse to Harpagon and in favor of the appellee condominium association, Springside Condominium Association, Inc. “Springside”, on Springside’s counterclaim for monetary damages against Harpagon. The counterclaim was for the amount of the assessments, late fees, interest, costs, and attorney fees as the result of Harpagon’s refusal to pay the assessments in violation of the Georgia Condominium Act OCGA § 44-3-70 et seq. and the subject Declaration of Condominium; the request for attorney fees was made specifically pursuant to OCGA § 44-3-109 b 3, which includes as part of the damages, the costs of collection of the assessments, including court costs, the expenses of any sale, any expenses required for the protection and preservation of the condominium unit, and reasonable attorney fees.2 See Landor Condominium Consultants v. Colony Place Condominium Assoc., 195 Ga. App. 840 395 SE2d 25 1990. The total amount of the judgment awarded on the counterclaim for damages, which is the only ruling challenged in this appeal, is $9,462.65.3
OCGA § 5-6-35a6 governs “appeals in all actions for damages in which the judgment is $10,000.00 or less.” This Court recently reaffirmed that “in OCGA § 5-6-35a6, the General Assembly has expressed the clear intent to require an application to appeal when the judgment at issue is between one cent and up to and including the statutory maximum, which presently is $10,000; the purpose of the statute is to limit appeals in those cases where the factfinder has decided that the damage involved was $10,000 or less.” Cooney v. Burnham , Case No. S07G0307, decided February 11, 2008. A “judgment” for the purposes of OCGA § 5-6-35 a 6 is the final monetary result of the claim for damages. City of Brunswick v. Todd , 255 Ga. 448, 449 339 SE2d 589 1986. A judgment on a counterclaim is subject to such discretionary appeal provision, and when it is the focus of the appeal, it may be evaluated independently from the original complaint for the purpose of applicability of OCGA § 5-6-35 a 6. See Khan v. Sanders , 223 Ga. App. 576 478 SE2d 615 1996.
