Angel Davis v. L&J Auto Sales & Leasing, LLC

• Court: Court of Appeals of Georgia
• Decided: April 15, 2024
• Docket: A24A1109
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 15, 2024

The Court of Appeals hereby passes the following order:

A24A1109. ANGEL DAVIS v. L & J AUTO SALES & LEASING, LLC.

After the magistrate court entered judgment for plaintiff Angel Davis, defendant L & J Auto Sales & Leasing, LLC (“L & J”) appealed to the State Court of Dougherty County. That court entered judgment in favor of L & J for $354.00, plus costs and post-judgment interest. Davis then filed this direct appeal. We, however, lack jurisdiction. Pretermitting the issue of the judgment amount, see OCGA § 5-6-35 (a) (6), an appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Davis’ failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/15/2024 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.