Opinion
A24A0720
01-04-2024
AKEEM WARNEY v. MADISON KING et al.
The Court of Appeals hereby passes the following order:
This case originated as a dispossessory action in magistrate court. The magistrate court issued a writ of possession against Akeem Warney, and Warney appealed to the superior court. The superior court also issued a writ of possession against Warney, who thereafter filed this direct appeal to the Georgia Supreme Court, which transferred the matter to this Court. See Case No. S24A0232 (Nov. 16, 2023). We lack jurisdiction.
"[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal." Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003) (punctuation omitted); accord OCGA § 5-6-35 (a) (1). "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). Warney's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.