Opinion
A23A0232
09-08-2022
LUCE PIERRE v. SERENADE HEIGHTS, INC.
This dispossessory action originated in magistrate court. Following an adverse ruling, defendant Luce Pierre appealed to the state court. The state court issued a dispossessory order and a writ of possession in favor of plaintiff Serenade Heights, Inc., and Pierre filed this 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 review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). Pierre's failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
We note that Serenade Heights filed a motion to dismiss on other grounds. In light of our ruling, that motion is hereby DISMISSED as moot.