Tammy Doe v. Wri Capital Group A/A/F Colfin A1-Ga, LLC

• Court: Court of Appeals of Georgia
• Decided: February 5, 2014
• Docket: A14A0921
• Status: Published

Opinion

Court of Appeals of the State of Georgia

February 05, 2014 ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A14A0921. TAMMY DOE v. WRI CAPITAL GROUP A/A/F COLFIN A1-GA, LLC.

This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Tammy Doe appealed the magistrate court decision to superior court.1 The trial court dismissed the appeal based upon Doe’s failure to pay rent into the registry of the court. Doe appeals from this ruling. We, however, lack jurisdiction. When a superior court order involves a de novo appeal from a magistrate court decision, an appellant is 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). Thus, Doe’s failure to adhere to discretionary procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 02/05/2014 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.

1 Although also Doe purported to file a motion for declaratory judgment, the only issue properly before the superior court was the dispossessory appeal. See, e. g., Giles v. Vastakisi, 262 Ga. App. 483, 484 (585 SE2d 905) (2003) (“‘the state and superior courts, on de novo appeals, have only the jurisdiction possessed by the magistrate court.’”).