Georgette Lawton v. James Williams

• Court: Court of Appeals of Georgia
• Decided: March 19, 2024
• Docket: A24A1066
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 19, 2024

The Court of Appeals hereby passes the following order:

A24A1066. GEORGETTE LAWTON v. JAMES WILLIAMS.

This civil action began in magistrate court. Following a ruling partially in her favor, pro se plaintiff Georgette Lawton filed a petition for review in state court, which dismissed the petition as untimely. Lawson then filed this direct appeal. We lack jurisdiction. An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Lawton’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/19/2024 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.