Opinion
A23A1207
04-06-2023
TYHEEMA MASON v. NETZ PINEWOOD, LLC d/b/a PINEWOOD TOWNHOMES.
The Court of Appeals hereby passes the following order:
In this dispossessory action, the magistrate court entered judgment in favor of the Pinewood Townhomes, and Tyheema Mason appealed to the superior court. The superior court also entered judgment in favor of Pinewood, and Mason filed this direct appeal. Pinewood has filed a motion to dismiss the appeal, arguing that the appeal is moot because Mason consented to the magistrate court's judgment. We disagree, and the motion to dismiss is hereby DENIED. However, we lack jurisdiction for another reason.
"[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).
Because Mason did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction, and this appeal is hereby DISMISSED.