Sharmaine Johnson v. Orchard Walk , Lp

• Court: Court of Appeals of Georgia
• Decided: November 18, 2025
• Docket: A26A0756
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 18, 2025

The Court of Appeals hereby passes the following order:

A26A0756. SHARMAINE JOHNSON v. ORCHARD WALK, LP.

This case began as a dispossessory proceeding in magistrate court. After an adverse judgment, tenant Sharmaine Johnson filed a petition for review in the superior court, which entered a final judgment in favor of landlord Orchard Walk, LP. Johnson appeals that ruling directly to this Court, but 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). Johnson’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,____________________ 11/18/2025 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.