Opinion
A24A1045
03-26-2024
SHEKITA MAXWELL v. BOWMAN STATION NRDE, LLC.
The Court of Appeals hereby passes the following order:
The magistrate court issued a dispossessory judgment in favor of Bowman Station NRDE, LLC and against Shekita Maxwell. Maxwell appealed to state court and following a trial, the jury found in favor of Bowman Station. The state court entered judgment on the jury's verdict, and Maxwell filed a direct appeal to this Court. We dismissed that appeal for lack of jurisdiction based on Maxwell's failure to file an application for discretionary appeal. Case No. A24A0620 (Dec. 19, 2023). Following remittitur, Maxwell filed both a petition for review and a petition seeking attorney fees in superior court. The superior court dismissed Maxwell's filing for lack of jurisdiction, noting that parties did not have a right of direct appeal to the superior court from a state court order. Maxwell then filed this direct appeal, seeking review of the superior court's order. As with Maxwell's first appeal, however, we lack jurisdiction.
A party is not entitled to continue to litigate "the same issue[s] . . . ad infinitum[.]" Echols v. State, 243 Ga.App. 775, 776 (534 S.E.2d 464) (2000). Accordingly, a party may not file more than one appeal from a particular ruling by the trial court. See Jackson v. State, 273 Ga. 320, 320 (540 S.E.2d 612) (2001). And where a party files an appeal that is dismissed on jurisdictional grounds, that dismissal constitutes the binding law of the case and bars any further appeals arising out of the underlying order, even though the appellate court did not rule on the merits of any claimed error. See Ross v. State, 310 Ga.App. 326, 327 (713 S.E.2d 438) (2011). Our dismissal of Maxwell's previous appeal seeking to challenge the judgment of the state court bars us from considering this appeal, which is hereby DISMISSED.