Opinion
A24A0863
02-01-2024
JIM STEPHENS v. GERALD FITCH.
The Court of Appeals hereby passes the following order:
This case began as an action for damages in magistrate court. Following an adverse ruling, defendant Jim Stephens d/b/a Jim's Paint and Body Shop appealed to the state court, which entered a final judgment of $5,330.60 in favor of the plaintiff. Stephens then filed a notice of appeal to this Court. We lack jurisdiction for two reasons.
First, 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 review. See OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). Second, appeals in actions for damages in which the judgment is $10,000.00 or less likewise must be brought by discretionary application. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga.App. 357, 357 (509 S.E.2d 655) (1998). "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). Stephens's failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Jennings, 235 Ga.App. at 357; Strachan, 216 Ga.App. at 82.