Opinion
A22A0691
02-01-2022
SHARON WILLIAMS et al. v. ACE HOMES, LLC.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding that Ace Homes, LLC filed in magistrate court against Sharon Williams and all other occupants of a residence. Williams filed an answer and counterclaim. Williams and Ace Homes entered into a consent judgment which required Williams to vacate the property by a specified date, pending the occurrence of a particular condition. Williams did not vacate the property and, "being dissatisfied with the judgment," appealed the consent judgment to superior court. Ace Homes moved to dismiss the action and requested that the court issue a writ of possession. The superior court entered orders granting the motion to dismiss the action and issuing a writ of possession. Williams filed this direct appeal from those orders. However, we lack jurisdiction.
An appeal from a superior court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). "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).
As such, this appeal is dismissed for lack of jurisdiction.