Opinion
A22A1326
11-10-2022
CLIVE RICHARDS v. ATLANTA QOZ FUNDS, LLC.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court. The magistrate court ruled that Atlanta QOZ Funds, LLC was entitled to a writ of possession, and Clive Richards appealed to the state court. The state court found in favor of Atlanta QOZ Funds, LLC and issued a writ of possession in its favor. Richards subsequently filed this direct appeal.
We, however, lack jurisdiction due to Richards's failure to comply with the discretionary appeals procedure. When a state court ruling involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeals procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995); Handler v. Hulsey, 199 Ga.App. 751, 751-753 (406 S.E.2d 225) (1991). "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).
Richards's failure to follow the required procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.