Reginald Smith v. Vendor Resources Management

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 22, 2013

The Court of Appeals hereby passes the following order:

A14A0475. REGINALD SMITH et al. v. VENDOR RESOURCES MANAGEMENT.

This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, Reginald Smith and Cynthia Smith appealed the magistrate court’s decision to the superior court. The superior court issued a writ of possession in favor of the plaintiff. The Smiths have now appealed the superior court’s ruling directly to this Court. We lack jurisdiction. Because the order at issue concerns a de novo appeal from a magistrate court decision, the applicants were required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Their failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/22/2013 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.