Opinion
A22A0138
09-09-2021
GREGORY GRAY et al. v. CITIBANK, N.A. AS TRUSTEE FOR CMLTI ASSET TRUST.
The Court of Appeals hereby passes the following order:
This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, defendants Gregory and Earlene Gray appealed to the superior court, which entered a writ of possession in favor of the plaintiff. The Grays then filed this direct appeal. The plaintiff-appellee has filed a motion to dismiss, arguing that the trial court's order is not directly appealable. We agree.
Because the superior court's order disposed of a de novo appeal from a magistrate court decision, the Grays were required to follow the discretionary appeal procedure to obtain review of the superior court's order. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga.App. 366, 367 (454 S.E.2d 175) (1995). Their failure to follow this procedure deprives us of jurisdiction to consider this direct appeal. Accordingly, the motion to dismiss is GRANTED and this appeal is hereby DISMISSED.