Opinion
A23A1229
04-18-2023
KIMBERLY COPELAND AND ASSOCIATES, LLC v. BEN LEVITAN, LLC.
The Court of Appeals hereby passes the following order:
This contract case originated in magistrate court, which entered judgment in favor of defendant Kimberly Copeland and Associates, LLC ("Copeland"), and awarded Copeland $3,771.00 on its counterclaim. Plaintiff Ben Levitan appealed to the superior court, where he amended his complaint to add additional claims. After a jury trial, Levitan was awarded $44,828.57. Copeland filed this direct appeal. We lack jurisdiction.
Because the order at issue disposes of a de novo appeal from a magistrate court decision, Copeland was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Handler v. Hulsey, 199 Ga.App. 751, 751 (406 S.E.2d 225) (1991). This is true even in cases in which litigation is expanded in the superior court. See id; Southtowne Hyundai-Isuzu-Suzuki v. Hooper, 216 Ga.App. 214, 214 (453 S.E.2d 756) (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).
Copeland's failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.