Antaniah Borden v. Yanmin Xu

• Court: Court of Appeals of Georgia
• Decided: July 24, 2023
• Docket: A23A1744
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 24, 2023

The Court of Appeals hereby passes the following order:

A23A1744. ANTANIAH BORDEN v. YANMIN XU.

The magistrate court issued a dispossessory judgment in favor of Yanmin Xu and against Antaniah Borden. Borden appealed to superior court, and the superior court also ruled in Xu’s favor. Borden filed a motion for new trial, which the superior court denied. Thereafter, Borden filed this direct appeal. We, however, lack jurisdiction. “[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Borden’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/24/2023 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.