Georgia Court of Appeals, 2013

Maxon Andre v. Federal National Mortgage Association

Maxon Andre v. Federal National Mortgage Association
Georgia Court of Appeals · Decided May 22, 2013

Maxon Andre v. Federal National Mortgage Association

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ May 22, 2013 The Court of Appeals hereby passes the following order: A13A1736. MAXON ANDRE v. FEDERAL NATIONAL MORTGAGE ASSOCIATION.

This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, defendant Maxon Andre appealed the magistrate court’s decision to the superior court. The superior court granted summary judgment and issued a writ of possession in favor of the plaintiff. Andre has now appealed the superior court’s ruling directly to this Court.

We lack jurisdiction. Because the order at issue disposes of a de novo appeal from a magistrate court decision, Andre was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Andre’s failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 05/22/2013 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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