Opinion
A24A0620
12-19-2023
SHEKITA MAXWELL et al. v. BOWMAN STATION NRDE, LLC.
The Court of Appeals hereby passes the following order:
The magistrate court issued a dispossessory judgment in favor of plaintiff Bowman Station NRDE, LLC, and against defendant Shekita Maxwell. Maxwell appealed to state court. Following a jury verdict in the plaintiff's favor, the state court entered a judgment for the plaintiff, and Maxwell filed this direct appeal. We, however, 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 appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Maxwell's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.