Opinion
A23A1183
05-15-2023
OMAR SHANIS v. PENDERGRASS FLEA MARKET, INC.
The Court of Appeals hereby passes the following order:
Omar Shanis and Abby Shanis (collectively "Shanis") filed a breach of contract action in magistrate court against Pendergrass Flea Market, Inc. ("Pendergrass"). The magistrate court entered judgment in favor of Shanis for $5,096. Pendergrass appealed the judgment to superior court. The superior court entered an order awarding $7,651.80 to Pendergrass on its claim against Shanis, and dismissed Shanis's claims. Shanis has filed this direct appeal. We lack jurisdiction.
Shanis initially sued LaVaquita Flea Market, but the pleadings were later amended to reflect the defendant's correct name.
Pendergrass states in its appellate brief that Shanis has filed in the superior court a document titled "Dismiss Notice of Appeal." However, because this appeal must be dismissed for the reason discussed above, we need not address that matter.
Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); 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). Shanis's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.