Sharon Denise Spurling v. Oaks Intown

• Court: Court of Appeals of Georgia
• Decided: October 4, 2024
• Docket: A25A0420
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 04, 2024

The Court of Appeals hereby passes the following order:

A25A0420. SHARON DENISE SPURLING v. OAKS INTOWN.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, Sharon Denise Spurling appealed to the superior court. The superior court held a bench trial, then entered a final order resolving the case. Spurling appeals that ruling directly to this Court. We, however, lack jurisdiction. “[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Spurling has no right of direct appeal here, this appeal is hereby DISMISSED.1

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/04/2024 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.

1 Spurling also filed an application for discretionary appeal, which will be resolved separately. See Case No. A25D0072 (docketed Sept. 24, 2024).