Jeanita Huff v. Wesley Kensington Partners

• Court: Court of Appeals of Georgia
• Decided: February 5, 2025
• Docket: A25A1004
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 05, 2025

The Court of Appeals hereby passes the following order:

A25A1004. JEANITA HUFF v. WESLEY KENSINGTON PARTNERS.

This case originated as a dispossessory action in magistrate court. Following an adverse ruling by the magistrate court, Jeanita Huff appealed de novo to the superior court. The superior court entered a writ of possession against Huff, who filed a motion seeking a hardship stay. The trial court denied the motion, and Huff appeals. We, however, lack jurisdiction. Because the appeal to this Court stems from the superior court’s de novo review of a magistrate court ruling, Huff was required to follow the discretionary appeal procedure in order to appeal. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Huff’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/05/2025 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.