Opinion
A23A1071
03-06-2023
GWENDOLYN WESLEY v. MARK HUBBARD.
The Court of Appeals hereby passes the following order:
This case originated as a wrongful eviction action in magistrate court. Following an adverse ruling, plaintiff Gwendolyn Wesley filed a de novo appeal to superior court. The superior court ruled in favor of defendant Mark Hubbard, and Wesley filed this direct appeal. We, however, lack jurisdiction.
Because the order at issue concerns a de novo appeal from a magistrate court decision, Wesley was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga.App. 366, 367 (454 S.E.2d 175) (1995). Her failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.