Ruskin Castillo v. Hector Chavez

• Court: Court of Appeals of Georgia
• Decided: June 10, 2016
• Docket: A16A1797
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 09, 2016

The Court of Appeals hereby passes the following order:

A16A1797. RUSKIN CASTILLO v. HECTOR CHAVEZ.

This case originated in magistrate court. Following an adverse ruling, plaintiff Ruskin Castillo appealed to the superior court. The superior court entered a consent order resolving the appeal, and Castillo filed this direct appeal from the superior court’s order. We lack jurisdiction. Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Castillo was 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). His failure to follow this procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED

Court of Appeals of the State of Georgia 06/09/2016 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.