Opinion
A22A0696
01-10-2022
QUENTIN WATKINS v. DEBT FREE REAL ESTATE
The Court of Appeals hereby passes the following order:
After purchasing Quentin Watkins's condominium at a judicial foreclosure sale, Debt Free Real Estate Holdings, LLC filed an action against Watkins in magistrate court seeking possession of the property. Following a hearing, the magistrate court ruled in favor of Debt Free and issued a writ of possession. Watkins appealed that order to the superior court, seeking a de novo review. The superior court affirmed the magistrate court's finding that Debt Free was entitled to possession of the property in question. Watkins then filed this appeal. We, however, lack of jurisdiction.
An appeal from an order of the state or superior court reviewing de novo a decision of the magistrate court must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga.App. 82, 82 (453 S.E.2d 119) (1995). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists, Inc. v. State, 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (citation and punctuation omitted). Accordingly, Watkins's failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.