Charles Dike v. Nissan North America, Inc.

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 07, 2012

The Court of Appeals hereby passes the following order:

A13A0442. CHARLES DIKE v. NISSAN NORTH AMERICA, INC.

Charles Dike sued Nissan North America, Inc. in magistrate court and won a judgment in his favor. Nissan filed a de novo appeal to state court, which granted summary judgment to Nissan. Dike then appealed directly to this Court. Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Dike was required to follow the discretionary appeal procedure set forth in OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Dike’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/07/2012 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.