Melita Garcia v. Cah 2014-1 Borrower LLC

• Court: Court of Appeals of Georgia
• Decided: May 11, 2016
• Docket: A16A1317
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 09, 2016

The Court of Appeals hereby passes the following order:

A16A1317. MELITA GARCIA v. CAH 2014-1 BORROWER LLC.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Melita Garcia appealed to the state court, which entered a writ of possession in favor of the plaintiff. Garcia now seeks this court’s review of the state court’s decision. We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Garcia 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 05/09/2016 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.