Opinion
A22A0235
09-28-2021
WANDA WASHINGTON MILLER v. KO'S AUTO SALE
The Court of Appeals hereby passes the following order:
Plaintiff Wanda Washington Miller filed a claim against defendant Ko's Auto Sale ("Ko's") in magistrate court relating to her purchase of a vehicle from Ko's and a subsequent collision and insurance claim. Ko's answered and filed a counterclaim. Following an adverse ruling, Miller appealed to the superior court, which entered an order affirming the magistrate court's ruling. Miller then appealed directly to this Court. We lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). "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). Miller's failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Bullock, 260 Ga.App. at 875.