Robert J. McCune v. Suntrust Bank

• Court: Court of Appeals of Georgia
• Decided: November 13, 2013
• Docket: A14A0419
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 13, 2013

The Court of Appeals hereby passes the following order:

A14A0419. ROBERT J. MCCUNE et al. v. SUNTRUST BANK.

This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Robert and Maria McCune appealed the magistrate court’s decision to superior court.1 The superior court found in favor of Suntrust Bank, and the McCunes appeal. We lack jurisdiction. When a superior court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). The McCunes’s failure to adhere to discretionary procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/13/2013 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.

1 Although the McCunes purported to add claims for injunctive relief, the only issue properly before the superior court was the dispossessory action. See, e. g., Giles v. Vastakisi, 262 Ga. App. 483, 484 (585 SE2d 905) (2003) (“‘the state and superior courts, on de novo appeals, have only the jurisdiction possessed by the magistrate court.’”).