Opinion
A24A1109
04-15-2024
ANGEL DAVIS v. L & J AUTO SALES & LEASING, LLC.
The Court of Appeals hereby passes the following order:
After the magistrate court entered judgment for plaintiff Angel Davis, defendant L &J Auto Sales &Leasing, LLC ("L &J") appealed to the State Court of Dougherty County. That court entered judgment in favor of L &J for $354.00, plus costs and post-judgment interest. Davis then filed this direct appeal. We, however, lack jurisdiction.
Pretermitting the issue of the judgment amount, see OCGA § 5-6-35 (a) (6), an appeal from a state 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); 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).
Thus, Davis' failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.