Thomas Wayne Holt v. Crystal Burkhalter, Judge

• Court: Court of Appeals of Georgia
• Decided: February 7, 2018
• Docket: A18A0905
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 31, 2018

The Court of Appeals hereby passes the following order:

A18A0905. THOMAS WAYNE HOLT v. CRYSTAL BURKHALTER, JUDGE et al.

Thomas Wayne Holt filed a notice of direct appeal from the superior court’s order dismissing his petition for certiorari from a magistrate court ruling. We, however, lack jurisdiction. Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . local administrative agencies, and lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Simmons v. Georgia Bureau of Investigation, 236 Ga. App. 59, 59 (510 SE2d 618) (1999). This procedure must be followed even where the superior court dismisses the certiorari petition. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351, 351 (317 SE2d 327) (1984); Taylor v. City of Atlanta, 184 Ga. App. 795, 795 (363 SE2d 45) (1987). Holt’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/31/2018 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.