Mitchell Faulkner v. Deutsche Bank National Trust Company

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 03, 2013

The Court of Appeals hereby passes the following order:

A13A1492. MITCHELL FAULKNER v. DEUTSCHE BANK NATIONAL TRUST COMPANY.

This case began as a dispossessory action in magistrate court. Following an adverse ruling, Mitchell Faulkner appealed to the superior court, which entered judgment in favor of Deutsche Bank National Trust Company. Faulkner filed a notice of appeal to this Court. We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Faulkner was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 04/03/2013 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.