AGHEDO PIUS IYAMU v. JUN ZHENG

• Court: Court of Appeals of Georgia
• Decided: July 9, 2024
• Docket: A24A1590
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 09, 2024

The Court of Appeals hereby passes the following order:

A24A1590. AGHEDO PIUS IYAMU et al v. JUN ZHENG.

This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, defendant Aghedo Pius Iyamu appealed to the superior court, which entered a writ of possession in favor of the plaintiff. Iyamu and several non- parties then filed this direct appeal. We, however, lack jurisdiction. Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Iyamu was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Iyamu’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED. The plaintiff-appellee’s motion to dismiss is DENIED as moot.

Court of Appeals of the State of Georgia 07/09/2024 Clerk’s Office, Atlanta,____________________ 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.