Lacorey Powell v. Heath Williams

• Court: Court of Appeals of Georgia
• Decided: July 19, 2018
• Docket: A18A1934
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 03, 2018

The Court of Appeals hereby passes the following order:

A18A1934. LACOREY POWELL v. HEATH WILLIAMS et al.

This case originated as a dispossessory proceeding in magistrate court. The magistrate court entered a judgment in favor of Defendant Lacorey Powell, and Plaintiffs Heath and Jennifer Williams appealed to state court. After a bench trial, the state court ruled in favor of the plaintiffs. Powell filed a notice of appeal to this Court. We, however, lack jurisdiction. When a state 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) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Powell’s failure to do so deprives us of jurisdiction over this appeal. Accordingly, this case is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/03/2018 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.