Theresa Malloy v. Melvin Cash

• Court: Court of Appeals of Georgia
• Decided: May 4, 2020
• Docket: A20A1625
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 01, 2020

The Court of Appeals hereby passes the following order:

A20A1625. THERESA MALLOY v. MELVIN CASH.

Melvin Cash filed suit against Theresa Malloy in magistrate court, seeking to recover money due for a paint job he performed for her. The magistrate court entered a judgment in Malloy’s favor. Cash appealed to the state court, which entered a judgment in his favor based on Malloy’s failure to appear. Malloy then filed this direct appeal. The state court’s order, however, is not subject to direct appeal. An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Malloy’s failure to file an application deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Strachan, 216 Ga. App. at 82.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/01/2020 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.