Opinion
A23A0389
10-18-2022
H & M INVESTMENTS, LLC v. BAILEYS BP SHOPPES, LLC.
The Court of Appeals hereby passes the following order:
This case began in magistrate court after Baileys BP Shoppes, LLC filed a dispossessory proceeding against H & M Investments, LLC. Following an unfavorable ruling in the magistrate court, H & M appealed to the superior court. Baileys filed a motion for summary judgment, which the superior court subsequently granted and issued a writ of possession to Baileys. H & M then filed this direct appeal. We, however, lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. 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). H & M's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.