Shannon Butts v. Jonathan Williams

Court of Appeals of Georgia

Shannon Butts v. Jonathan Williams

DecidedAugust 30, 2012

DocketA12A2266

StatusPublished

This text of Shannon Butts v. Jonathan Williams (Shannon Butts v. Jonathan Williams) 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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Shannon Butts v. Jonathan Williams, (Ga. Ct. App. 2012).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,_________________ August 30, 2012

The Court of Appeals hereby passes the following order:

A12A2266. SHANNON BUTTS v. JONATHAN WILLIAMS.

Shannon Butts sued Jonathan Williams in magistrate court and Williams filed a counterclaim. The magistrate court entered a judgment in favor of Williams, and Butts appealed to the state court. The state court, too, entered judgment in Williams’s favor and awarded him $4,377.56. Butts then appealed directly to this Court. We lack jurisdiction. Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Butts was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). In addition, a discretionary appeal is also required from a judgment of less than $10,000 in an action for damages. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). In addition to her notice of appeal to this court, Butts filed in the state court a document that appears to be an attempt to comply with the discretionary appeal requirements of OCGA § 5-6-35. But applications for discretionary appeal must be filed with the clerk of the Supreme Court or the Court of Appeals. OCGA § 5-6-35 (d). See also Sawyer v. City of Atlanta, 257 Ga. App. 324, 326 (1) (571 SE2d 146) (2002) (“[W]hen an appeal is filed in a court that has no jurisdiction to entertain it, dismissal is proper.”) Butts has failed to follow the discretionary appeal procedure of OCGA § 5-6- 35. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 08/30/2012 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.

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Court of Appeals of the State of Georgia

ATLANTA,_________________ August 30, 2012

The Court of Appeals hereby passes the following order:

A12A2266. SHANNON BUTTS v. JONATHAN WILLIAMS.

Shannon Butts sued Jonathan Williams in magistrate court and Williams filed a counterclaim. The magistrate court entered a judgment in favor of Williams, and Butts appealed to the state court. The state court, too, entered judgment in Williams’s favor and awarded him $4,377.56. Butts then appealed directly to this Court. We lack jurisdiction. Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Butts was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). In addition, a discretionary appeal is also required from a judgment of less than $10,000 in an action for damages. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). In addition to her notice of appeal to this court, Butts filed in the state court a document that appears to be an attempt to comply with the discretionary appeal requirements of OCGA § 5-6-35. But applications for discretionary appeal must be filed with the clerk of the Supreme Court or the Court of Appeals. OCGA § 5-6-35 (d). See also Sawyer v. City of Atlanta, 257 Ga. App. 324, 326 (1) (571 SE2d 146) (2002) (“[W]hen an appeal is filed in a court that has no jurisdiction to entertain it, dismissal is proper.”) Butts has failed to follow the discretionary appeal procedure of OCGA § 5-6- 35. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia 08/30/2012 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.

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