Opinion
A23A0710
12-27-2022
KENNETH J. LEWIS v. JOSEPH CHURCH et al.
The Court of Appeals hereby passes the following order:
Landlord Kenneth J. Lewis filed suit against his former tenants, Joseph Church and Lacy Pass, in magistrate court. The magistrate court entered judgment in favor of Lewis, and the tenants appealed to state court. Following a bench trial, the state court entered judgment in favor of Lewis in the amount of $1,275.00, plus $152.50 in attorney fees, plus court costs and interest. Lewis has filed this direct appeal. We lack jurisdiction.
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 review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). Likewise, appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application. OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga.App. 357, 357 (509 S.E.2d 655) (1998). "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). Lewis's failure comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.