Opinion
A22A1313
05-04-2022
YEVETTE FREEMAN v. MARY HALL FREEDOM HOUSE, INC.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court. The magistrate court ruled that landlord Mary Hall Freedom House, Inc., was entitled to a writ of possession, and Yevette Freeman appealed to the state court. The state court found in favor of the landlord, and this Court dismissed Freeman's attempts to seek appellate review of that ruling. See Case Nos. A20A1912 (June 5, 2020) & A20D0438 (Aug. 7, 2020). The state court subsequently issued a writ of possession in favor of the landlord, and Freeman filed this direct appeal.
Pretermitting whether the appeal is untimely, we lack jurisdiction due to Freeman's failure to comply with the discretionary appeals procedure. When a state court ruling involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeals procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995); Handler v. Hulsey, 199 Ga.App. 751, 751-753 (406 S.E.2d 225) (1991). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996).
The state court issued the writ of possession on October 5, 2021. Freeman filed several motions seeking relief from the writ, which the state court denied on February 21, 2022. Freeman filed her notice of appeal on February 23, 2022.
Freeman's failure to follow the required procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.