James Williams Patrick v. Kathy Anne Messer

• Court: Court of Appeals of Georgia
• Decided: November 13, 2023
• Docket: A24A0430
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 13, 2023

The Court of Appeals hereby passes the following order:

A24A0430. JAMES WILLIAMS PATRICK v. KATHY ANNE MESSER.

The magistrate court granted a writ of possession to Kathy Messer against James Williams Patrick, and Patrick filed a petition for review in the superior court.1 The superior court also granted a writ of possession to Messer and against Patrick. Patrick then filed a notice of appeal from the superior court’s order. Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by petition for review” must be made by filing an application for discretionary appeal in this Court. See also Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001) (construing former OCGA § 5-6-35 (a) (1)). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Patrick did not follow the discretionary

1 Effective July 1, 2023, the process of appealing from lower court adjudications to superior courts was overhauled and simplified. See OCGA § 5-3-1 et seq. appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/13/2023 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.