Jacqueline Wilbourn v. Galadriel Enterprises, Inc.

• Court: Court of Appeals of Georgia
• Decided: April 8, 2026
• Docket: A26A1529
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 08, 2026

The Court of Appeals hereby passes the following order:

A26A1529. JACQUELINE WILBOURN v. GALADRIEL ENTERPRISES, INC.

After the magistrate court entered a $7,888.64 judgment in favor of plaintiff Galadriel Enterprises, Inc., d/b/a Paul Davis Restoration of Northwest Georgia, Inc. (“Galadriel”), defendant Jackie Wilbourn appealed to the superior court. The superior court also entered judgment in Galadriel’s favor for $7,888.64 and Wilbourn filed a notice of appeal. This Court, however, lacks jurisdiction. First, because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, Wilbourn was required to follow the discretionary appeal procedures to appeal. OCGA § 5-6-35(a)(1); Greig v. Putnam County, 237 Ga. App. 57, 57 (513 SE2d 294) (1999). Second, appeals in actions for damages in which the judgment is $10,000 or less also must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Wilbourn’s failure to comply with the requisite procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/08/2026 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.