Opinion
A23A1694
07-26-2023
MARIE SMITH et al. v. LANIER MANAGEMENT, LLC.
The Court of Appeals hereby passes the following order:
The magistrate court issued a dispossessory judgment in favor of Lanier Management, LLC, and against Marie Smith and all other occupants of a particular address ("Defendants"). Defendants appealed to superior court. The superior court entered judgment in favor of Lanier Management, and Defendants filed this direct appeal. We, however, lack jurisdiction.
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." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Thus, Defendants' failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
Although the language in this code section has been modified, effective July 1, 2023, the language cited here is the version that applies to this case as all the relevant actions happened before July 1, 2023. See Ga. L. 2023, p. 728, § 5 (providing, in part, that the amendment to OCGA § 5-6-35 (a) (1) applies to petitions for review filed in superior or state court on or after July 1, 2023).