Ossie Smith v. David Howell

• Court: Court of Appeals of Georgia
• Decided: March 15, 2018
• Docket: A18A1302
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 07, 2018

The Court of Appeals hereby passes the following order:

A18A1302. OSSIE SMITH v. DAVID HOWELL.

This case began as a dispossessory proceeding in magistrate court. After the magistrate court issued a writ of possession in favor of David Howell, Ossie Smith appealed to the superior court. The superior court entered a writ of possession in favor of Howell and awarded judgment in favor of Smith on a counterclaim for damages. Smith then filed a direct appeal to the Supreme Court, which transferred the appeal here. See Case No. S18A0581 (transferred Jan. 16, 2018). We lack jurisdction. “[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because Smith did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/07/2018 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.