Lynette Kiner v. Citimortgage

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 13, 2016

The Court of Appeals hereby passes the following order:

A16A0704. LYNETTE KINER v. CITIMORTGAGE.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Lynette Kiner appealed to the state court, which entered a writ of possession in favor of plaintiff CitiMortgage, Inc. Kiner then filed a notice of appeal to the superior court, which transferred the case to this Court. We lack jurisdiction.

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Kiner was required to follow the discretionary appeal procedures to obtain further appellate review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 01/13/2016

Clerk’s Office, Atlanta,____________________ 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.