Chris Emerick v. Recorder's Court of Chatham County

• Court: Court of Appeals of Georgia
• Decided: February 18, 2020
• Docket: A20A1275
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 18, 2020

The Court of Appeals hereby passes the following order:

A20A1275. CHRIS EMERICK v. RECORDER’S COURT OF CHATHAM COUNTY.

The Chatham County Recorder’s Court found Chris Emerick guilty of violating a city ordinance. Emerick challenged the ruling by filing a petition for writ of certiorari in the superior court. The superior court dismissed the certiorari petition, and Emerick filed this direct appeal.1 Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Consolidated Govt. of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). Such compliance is required even where the superior court dismisses the action. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351, 351 (317 SE2d 327) (1984). Because Emerick failed to comply with the discretionary appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/18/2020 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.

1 Emerick filed the appeal in the Supreme Court, which transferred the matter to this Court. See Case Number S20A0598, decided Jan. 13, 2020.