KENYETTA STROUD v. CROSSINGS AT EAGLES LANDING, LLC D/B/A CROSSINGS AT EAGLES LANDING, LLC

• Court: Court of Appeals of Georgia
• Decided: April 30, 2021
• Docket: A21A1325
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 22, 2021

The Court of Appeals hereby passes the following order:

A21A1325. KENYETTA STROUD v. CROSSINGS AT EAGLES LANDING, LLC d/b/a CROSSINGS AT EAGLES LANDING.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Kenyetta Stroud appealed to the state court, which entered a final order and judgment in favor of the plaintiff. Stroud then appealed directly to this Court. We lack jurisdiction. An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Stroud’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Strachan, 216 Ga. App. at 82.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/22/2021 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.