Opinion
A24A0689
01-25-2024
VARNEAL MACK, JR. v. U.S. BANK TRUST NATIONAL ASSOCIATION, SOLELY AS OWNER TRUSTEE OF VRMTG ASSET TRUST.
The Court of Appeals hereby passes the following order:
The magistrate court granted a writ of possession to U.S. Bank Trust National Association, not in its Individual Capacity but solely as Owner Trustee for VRMTG Asset Trust (" U.S. Bank"), against Varneal Mack, Jr., and Mack filed a petition for review in the superior court. The superior court dismissed the petition for review and remanded the case to the magistrate court so that a writ of possession could be executed in favor of U.S. Bank. Mack then filed a notice of appeal from the superior court's order.
Effective July 1, 2023, the process of appealing from lower court adjudications to superior courts was overhauled and simplified. See OCGA § 5-3-1 et seq.
Under OCGA § 5-6-35 (a) (1), "[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by petition for review" must be made by filing an application for discretionary appeal in this Court. See also Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 S.E.2d 73) (2001) (construing former OCGA § 5-6-35 (a) (1)). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 0) (1996). Because Mack did not follow the discretionary appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.