Faheem Carter v. William Stark

• Court: Court of Appeals of Georgia
• Decided: September 17, 2025
• Docket: A26A0284
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 17, 2025

The Court of Appeals hereby passes the following order:

A26A0284. FAHEEM CARTER v. WILLIAM STARK.

This case began as a dispossessory proceeding in magistrate court. After the magistrate court issued an adverse ruling, Faheem Carter filed a petition for review to the superior court. The superior court granted William Stark’s motion for summary judgment, and Carter filed a notice of appeal. We lack jurisdiction. Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Carter failed to file an application for discretionary appeal, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/17/2025 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.