Michelle Roberts v. Kelvin Nathaniel Green

• Court: Court of Appeals of Georgia
• Decided: July 22, 2024
• Docket: A24A1795
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 22, 2024

The Court of Appeals hereby passes the following order:

A24A1795. MICHELLE ROBERTS v. KELVIN NATHANIEL GREEN.

After the magistrate court entered judgment for plaintiff Michelle Roberts, defendant Kelvin Green appealed to the state court. That court entered judgment in favor of Green. Roberts then filed a direct appeal to this Court. We, however, 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); 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). Thus, Roberts’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 07/22/2024 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.