KAREN TORRES v. DOMINIUM MANAGEMENT

• Court: Court of Appeals of Georgia
• Decided: June 13, 2024
• Docket: A24A1607
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 13, 2024

The Court of Appeals hereby passes the following order:

A24A1607. KAREN TORRES v. DOMINIUM MANAGEMENT et al.

This case originated as a dispossessory action in magistrate court. Following an adverse ruling by the magistrate court, Karen Torres appealed de novo to the superior court. The superior court entered a final judgment and writ of possession against Torres, and she has filed a notice of appeal to this Court. We lack jurisdiction. Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Torres was required to follow the discretionary appeal procedure. 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). Torres’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,____________________ 06/13/2024 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.