Opinion
A24A1492
05-24-2024
WILLIE G. SMITH v. WALTON RESIDENTIAL SERVICES.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, defendant Willie Smith appealed to the superior court, which granted the plaintiff's motion for summary judgment. Smith then appealed directly to this Court. We lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review. 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). Smith's failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.