Omar Shanis v. Pendergrass Flea Market, Inc.

• Court: Court of Appeals of Georgia
• Decided: May 15, 2023
• Docket: A23A1183
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 15, 2023

The Court of Appeals hereby passes the following order:

A23A1183. OMAR SHANIS v. PENDERGRASS FLEA MARKET, INC.

Omar Shanis and Abby Shanis (collectively “Shanis”) filed a breach of contract action in magistrate court against Pendergrass Flea Market, Inc. (“Pendergrass”).1 The magistrate court entered judgment in favor of Shanis for $5,096. Pendergrass appealed the judgment to superior court. The superior court entered an order awarding $7,651.80 to Pendergrass on its claim against Shanis, and dismissed Shanis’s claims. Shanis has filed this direct appeal.2 We lack jurisdiction. Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Shanis’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

1 Shanis initially sued LaVaquita Flea Market, but the pleadings were later amended to reflect the defendant’s correct name. 2 Pendergrass states in its appellate brief that Shanis has filed in the superior court a document titled “Dismiss Notice of Appeal.” However, because this appeal must be dismissed for the reason discussed above, we need not address that matter. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/15/2023 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.