Royce L. Jones v. Cit Bank, N.A.

Court of Appeals of Georgia

Royce L. Jones v. Cit Bank, N.A.

DecidedOctober 17, 2018

DocketA19D0100

StatusPublished

This text of Royce L. Jones v. Cit Bank, N.A. (Royce L. Jones v. Cit Bank, N.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Royce L. Jones v. Cit Bank, N.A., (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 11, 2018

The Court of Appeals hereby passes the following order:

A19D0100. ROYCE L. JONES v. CIT BANK, N.A.

Royce Jones, proceeding pro se, filed this application for discretionary review, purportedly seeking to appeal an order entered by the Fulton County Superior Court. However, Jones failed to submit a file-stamped copy of the order he seeks to appeal, in violation of Court of Appeals Rule 31 (c), and instead has submitted a Fulton County Magistrate Court order entered on August 20, 2018. Consequently, on September 19, 2018, we ordered Jones to supplement his application within ten days with a stamped “filed” copy of the order to be appealed. We indicated that failure to comply with this directive would result in dismissal of the application. Jones has failed to comply with this directive. To the extent that Jones seeks discretionary review of the August 20 magistrate court order, “[t]he only avenue of appeal available from [a] magistrate court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo appeal to the state or superior court.” Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991). This Court thus may address magistrate court matters only if they already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). Absent an appealable state or superior court order, we are unable to entertain jurisdiction over this case. Accordingly, Jones’s application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/11/2018 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ October 11, 2018

The Court of Appeals hereby passes the following order:

A19D0100. ROYCE L. JONES v. CIT BANK, N.A.

Royce Jones, proceeding pro se, filed this application for discretionary review, purportedly seeking to appeal an order entered by the Fulton County Superior Court. However, Jones failed to submit a file-stamped copy of the order he seeks to appeal, in violation of Court of Appeals Rule 31 (c), and instead has submitted a Fulton County Magistrate Court order entered on August 20, 2018. Consequently, on September 19, 2018, we ordered Jones to supplement his application within ten days with a stamped “filed” copy of the order to be appealed. We indicated that failure to comply with this directive would result in dismissal of the application. Jones has failed to comply with this directive. To the extent that Jones seeks discretionary review of the August 20 magistrate court order, “[t]he only avenue of appeal available from [a] magistrate court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo appeal to the state or superior court.” Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991). This Court thus may address magistrate court matters only if they already have been reviewed by the state or superior court. See Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App. 411, 411 (1) (393 SE2d 479) (1990). Absent an appealable state or superior court order, we are unable to entertain jurisdiction over this case. Accordingly, Jones’s application is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/11/2018 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.

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Royce L. Jones v. Cit Bank, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/royce-l-jones-v-cit-bank-na-gactapp-2018.

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