Opinion
A23A1098
03-13-2023
YEVETTE FREEMAN v. ABDUL RAUF.
The Court of Appeals hereby passes the following order:
Yevette Freeman filed a warrant application in magistrate court. The magistrate court denied Freeman's application on September 14, 2022. Freeman then filed a notice of appeal on November 2, 2022. We, however, lack jurisdiction for two reasons.
First, "[t]he only avenue of appeal available from [a] magistrate court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo appeal to the state or superior court." Handler v. Hulsey, 199 Ga.App. 751, 751 (406 S.E.2d 225) (1991). Accordingly, this Court has jurisdiction to consider matters addressed in a magistrate court's order only if the state or superior court has first reviewed that order. See Baker v. G. T., Ltd., 194 Ga.App. 450, 451 (3) (391 S.E.2d 1) (1990). Given the lack of an appealable state or superior court order, we are unable to consider this appeal.
Second, Freeman's appeal is untimely. A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Perlman v. Perlman, 318 Ga.App. 731, 739 (4) (734 S.E.2d 560) (2012). Because Freeman's notice of appeal was filed 49 days after entry of the magistrate court's order, this appeal is untimely.
For these reasons, this appeal is hereby DISMISSED.