Evelina Hill v. Ben Moye

• Court: Court of Appeals of Georgia
• Decided: August 13, 2018
• Docket: A18A2148
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 01, 2018

The Court of Appeals hereby passes the following order:

A18A2148. EVELINA HILL v. BEN MOYE.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Evelina Hill1 appealed to the superior court, which denied the appeal, entered a writ of possession in favor of plaintiff Ben Moye, and awarded Moye $2,056 in past rent, as well as all costs of the proceeding. Hill then appealed directly to this Court. We lack jurisdiction. “[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Hill’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Bullock, 260 Ga. App. at 875.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/01/2018 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 Hill’s first name also is spelled “Evalina” in the record.