Opinion
A25A0038
07-31-2024
KATHY RODGERS v. DAI YING HUI et al.
The Court of Appeals hereby passes the following order:
Kathy Rodgers filed suit against Dai Ling Hui and others in magistrate court. Following an adverse ruling, Rodgers appealed to the superior court. The superior court dismissed the appeal, and Rodgers appealed to this Court. We, however, lack jurisdiction.
Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Rodgers was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). "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). Rodgers' failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.