Opinion
A23A1706
07-14-2023
MARCUS MARCHMAN v. AMERIHOME MORTGAGE COMPANY.
The Court of Appeals hereby passes the following order:
This case originated as a dispossessory action in magistrate court. The magistrate court issued a writ of possession against Marcus Marchman, and Marchman appealed to the superior court. The superior court also issued a writ of possession against Marchman, and he filed this direct appeal from the superior court's order. We lack jurisdiction.
"[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal." Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003) (punctuation omitted); see also 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 60) (1996). Marchman's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.