Opinion
A25A0279
09-16-2024
KWAJALEIN L. WATERS v. NAVY FEDERAL CREDIT UNION.
This case began as a contract action in magistrate court. Following an adverse ruling, pro se plaintiff Kwajalein Waters appealed the decision to superior court. Defendant Navy Federal Credit Union filed a motion for summary judgment in superior court, which was granted. Waters then filed this direct appeal. We, however, 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 review. 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). Because this case involves an appeal from magistrate court to superior court, Waters has no right to a direct appeal. See Bullock, 260 Ga.App. at 875. Her failure to file a discretionary application thus deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Smoak, 221 Ga.App. at 257.