Benjamin Kenner v. Jewell Judy Cox

• Court: Court of Appeals of Georgia
• Decided: August 22, 2017
• Docket: A17A2026
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 10, 2017

The Court of Appeals hereby passes the following order:

A17A2026. BENJAMIN KENNER v. JEWELL JUDY COX.

This case began as a dispossessory proceeding in magistrate court. After the magistrate court entered judgment in favor of Jewell Judy Cox, the defendant appealed to the state court. The state court issued a writ of possession, and the instant appeal ensued, but we lack jurisdiction. 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 review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Kenner’s failure to do so deprives us of jurisdiction over this appeal. Accordingly, this case is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/10/2017 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.