Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price

Court of Appeals of Georgia

Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price

DecidedMarch 15, 2017

DocketA17A1215

StatusPublished

This text of Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price (Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price, (Ga. Ct. App. 2017).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 08, 2017

The Court of Appeals hereby passes the following order:

A17A1215. DIANE PARRIS et al. v. THOMAS COHEN.

This case is before us for the second time. It began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendants Diane Parris and Darrell Price appealed to the state court, which entered judgment in favor of plaintiff Thomas Cohen. Parris and Price then appealed directly to this Court. We dismissed the appeal for lack of jurisdiction because appeals from state court orders disposing of de novo appeals from magistrate court decisions must be initiated by filing an application for discretionary appeal. See Case No. A17A0541 (dismissed November 4, 2016). After our dismissal order, Parris and Price filed a motion for reconsideration in the state court. The state court denied that motion, and Parris and Price have filed another direct appeal to this Court. Once again, we lack jurisdiction. As we explained in our order dismissing Case No. A17A0541, appeals in these types of cases must come by way of discretionary application. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). And even if a discretionary application were not required here, the denial of a motion for reconsideration is not a directly appealable judgment. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/08/2017 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 08, 2017

The Court of Appeals hereby passes the following order:

A17A1215. DIANE PARRIS et al. v. THOMAS COHEN.

This case is before us for the second time. It began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendants Diane Parris and Darrell Price appealed to the state court, which entered judgment in favor of plaintiff Thomas Cohen. Parris and Price then appealed directly to this Court. We dismissed the appeal for lack of jurisdiction because appeals from state court orders disposing of de novo appeals from magistrate court decisions must be initiated by filing an application for discretionary appeal. See Case No. A17A0541 (dismissed November 4, 2016). After our dismissal order, Parris and Price filed a motion for reconsideration in the state court. The state court denied that motion, and Parris and Price have filed another direct appeal to this Court. Once again, we lack jurisdiction. As we explained in our order dismissing Case No. A17A0541, appeals in these types of cases must come by way of discretionary application. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). And even if a discretionary application were not required here, the denial of a motion for reconsideration is not a directly appealable judgment. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/08/2017 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.

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Diane Parris v. Thomas Cohen, Administrator for Estate Fronice Price, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diane-parris-v-thomas-cohen-administrator-for-estate-fronice-price-gactapp-2017.

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