Jascinth Sutton v. Firebird Sfe I, LLC

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 14, 2018

The Court of Appeals hereby passes the following order:

A18A2120. JASCINTH SUTTON v. FIREBIRD SFE I, LLC.

This case originated as a dispossessory proceeding in magistrate court. The magistrate court entered a judgment in favor of the plaintiff, and defendant Jascinth Sutton appealed to superior court. The superior court denied Sutton’s appeal, and she filed a notice of appeal to this Court. We, however, lack jurisdiction. When a superior court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Accordingly, Sutton’s notice of direct appeal does not give rise to a valid appeal. For these reasons, we lack jurisdiction to review this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/14/2018 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.