Opinion
A23A0711
01-11-2023
WOODROW THOMAS WHIPPLE v. EGM CONSTRUCTION SERVICE, LLC.
The Court of Appeals hereby passes the following order:
This case began in magistrate court after Woodrow Thomas Whipple filed an action against EGM Construction Service, LLC to recover $4,538.49 in damages for repair work negligently completed at Whipple's home. Following an award of $538.49, plus interest and court costs in the magistrate court, Whipple appealed to the superior court. The superior court conducted a hearing and awarded Whipple $60. Whipple then filed this direct appeal. We, however, lack jurisdiction for two reasons.
Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga.App. 874, 875 (581 S.E.2d 333) (2003). Likewise, appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application. OCGA § 5-6-35 (a) (6); 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). Whipple's failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.