Opinion
A25A0261
09-05-2024
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, pro se defendant Sheena Calvin filed a petition for review with the superior court, which dismissed the petition on August 9, 2024. Calvin filed a notice of appeal on August 13, 2024. We, however, lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by petitions for review 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, Calvin has no right to a direct appeal here. See Bullock, 260 Ga.App. at 875. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.