Robert Lee Clark v. Shemeka Vann

• Court: Court of Appeals of Georgia
• Decided: November 5, 2025
• Docket: A26A0614
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 05, 2025

The Court of Appeals hereby passes the following order:

A26A0614. ROBERT LEE CLARK v. SHEMEKA VANN.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Robert Clark filed a petition for review in superior court, which affirmed the magistrate court’s ruling. Clark then appealed directly to this Court. We lack jurisdiction. An appeal from a superior court decision reviewing a lower court decision must be initiated by filing an application for discretionary review. 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. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Clark’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/05/2025 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.