Opinion
A24A0781
01-17-2024
JIM STEPHENS v. PORTIA MCELROY.
The Court of Appeals hereby passes the following order:
The magistrate court entered a judgment in favor of Portia McElroy and against Jim Stephens d/b/a Jim's Paint and Body Shop ("Stephens"). Stephens appealed to state court. The state court entered a judgment for McElroy, and Stephens filed this direct appeal. We, however, lack jurisdiction.
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 appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). "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). Stephens's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.