Kimberly Copeland and Associates, LLC v. Ben Levitan, LLC

• Court: Court of Appeals of Georgia
• Decided: April 18, 2023
• Docket: A23A1229
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 18, 2023

The Court of Appeals hereby passes the following order:

A23A1229. KIMBERLY COPELAND AND ASSOCIATES, LLC v. BEN LEVITAN, LLC.

This contract case originated in magistrate court, which entered judgment in favor of defendant Kimberly Copeland and Associates, LLC (“Copeland”), and awarded Copeland $3,771.00 on its counterclaim. Plaintiff Ben Levitan appealed to the superior court, where he amended his complaint to add additional claims. After a jury trial, Levitan was awarded $44,828.57. Copeland filed this direct appeal. We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Copeland was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991). This is true even in cases in which litigation is expanded in the superior court. See id; Southtowne Hyundai-Isuzu-Suzuki v. Hooper, 216 Ga. App. 214, 214 (453 SE2d 756) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Copeland’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/18/2023 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.