Opinion
A22A0935
02-22-2022
STEPHEN H. ARGUE v. CITY OF SAVANNAH RECORDER'S COURT.
The Court of Appeals hereby passes the following order:
Stephen H. Argue was found guilty in the City of Savannah Recorder's Court of violating a city ordinance. He appealed to the superior court, which entered an order reversing his conviction, remanding the case to the recorder's court for a new trial, and denying his request for attorney fees. Argue now appeals to this Court, but we lack jurisdiction.
Pretermitting whether the superior court's order is a final order, 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); Taylor v. City of Atlanta, 184 Ga.App. 795, 795-796 (363 S.E.2d 45) (1987). Argue's failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Taylor, 184 Ga.App. at 795-796; compare Lewis v. City of Savannah, 336 Ga.App. 126 (784 S.E.2d 1) (2016) (granted discretionary appeal from superior court order reviewing recorder's court decision).