Carlos H. Henriquez v. Tamara Barnett

• Court: Court of Appeals of Georgia
• Decided: March 28, 2022
• Docket: A22A1007
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 28, 2022

The Court of Appeals hereby passes the following order:

A22A1007. CARLOS H. HENRIQUEZ v. TAMARA BENNETT

This case began as an action for damages in magistrate court. Following an adverse ruling, Carlos Henriquez appealed to the state court, which entered a directed verdict for Tamara Bennett. Henriquez filed a notice of appeal from the trial court’s order. We lack jurisdiction. Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Henriquez was required to follow the discretionary appeal procedure to obtain review of the state court’s order. See OCGA § 5-6-35 (a) (11); Brown v. Rutledge, 263 Ga. 470, 470 (435 SE2d 187) (1993). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Henriquez’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/28/2022 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.