Betsy Fulton v. Flagstar Bank

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ August 30, 2013

The Court of Appeals hereby passes the following order:

A13A2375. BETSY FULTON v. FLAGSTAR BANK, et al.

This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, defendant Betsy Fulton appealed the magistrate court’s decision to the superior court. The superior court issued a writ of possession in favor of the plaintiff, and Fulton appealed the superior court’s ruling directly to this Court. We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Fulton was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 08/30/2013 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.