Gary Harris v. Robbie Tucker

• Court: Court of Appeals of Georgia
• Decided: September 15, 2017
• Docket: A18A0222
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 06, 2017

The Court of Appeals hereby passes the following order:

A18A0222. GARY HARRIS v. ROBBIE TUCKER.

Gary Harris sued Robbie Tucker in magistrate court. Following an adverse ruling, Harris appealed to superior court, which entered judgment in favor of Tucker. Harris filed a motion for new trial, which the superior court denied. Harris then filed this direct appeal. We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Harris was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Harris’s failure to do so deprives us of jurisdiction over this appeal. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/06/2017 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.