Opinion
A24A1795
07-22-2024
MICHELLE ROBERTS v. KELVIN NATHANIEL GREEN.
The Court of Appeals hereby passes the following order:
After the magistrate court entered judgment for plaintiff Michelle Roberts, defendant Kelvin Green appealed to the state court. That court entered judgment in favor of Green. Roberts then filed a direct appeal to this Court. 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." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996).
Thus, Roberts's failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.