Opinion
A25A0066
08-14-2024
KWAJALEIN WATERS v. BROOKS REAL ESTATE MANAGEMENT.
The Court of Appeals hereby passes the following order:
This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, pro se defendant Kwajalein Waters filed a petition for review with the superior court, which dismissed the petition on June 5, 2024. Waters filed a notice of appeal on July 5, 2024. We lack jurisdiction for two reasons.
First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings 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). Because this case involves an appeal from magistrate court to superior court, Waters has no right to a direct appeal here. See Bullock, 260 Ga.App. at 875.
Second, even if a direct appeal were proper here, this appeal is untimely. While a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, appeals in dispossessory actions must be filed within 7 days of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga.App. 334, 335-336 (715 S.E.2d 752) (2011). Waters's appeal was untimely filed 30 days after the superior court's dismissal order was entered. For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.