Opinion
A24A0408
11-28-2023
CAROLYN ROBINS v. DOUGLAS COUNTY.
The Court of Appeals hereby passes the following order:
In June 2023, Carolyn Robins was convicted of violating several Douglas County ordinances related to pet ownership. Robins then filed a petition for appellate review in the Douglas County State Court. The state court dismissed her petition as untimely, and Robins then filed this direct appeal, seeking to challenge the state court's order. We, however, lack jurisdiction.
Under OCGA § 5-6-35 (a) (1), "[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by petition for review" must be made by filing an application for discretionary appeal in this Court. See also Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 S.E.2d 73) (2001) (construing former OCGA § 5-6-35 (a) (1)). And where a discretionary application is required, failure to comply with that requirement deprives this Court of jurisdiction. Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021). See also Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Thus, because Robins failed to follow the proper appellate procedure, her appeal is hereby DISMISSED for lack of jurisdiction.