Opinion
A22A1389
06-08-2022
DEBRA BRIDGES v. PEGGY RILEY.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court against Debra Bridges. Following the magistrate court's issuance of a writ of possession in favor of Peggy Riley, Bridges appealed to the superior court. On April 12, 2022, the superior court entered an order in favor of Riley. Bridges then filed this direct appeal on April 25, 2022. We, however, 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." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted); see also Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Bridges's failure to follow the proper procedure deprives us of jurisdiction over this appeal.
Furthermore, OCGA § 44-7-56, which governs dispossessory actions, requires that an appeal from a dispossessory ruling be filed within seven days of the date judgment was entered. In this case, the notice of appeal was filed 13 days after the trial court's order. Therefore, the appeal is untimely.
For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.