Georgia Court of Appeals, 2014

Betty Myrick Lowe v. Citimortgage, Inc.

Betty Myrick Lowe v. Citimortgage, Inc.
Georgia Court of Appeals · Decided March 3, 2014

Betty Myrick Lowe v. Citimortgage, Inc.

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ March 03, 2014 The Court of Appeals hereby passes the following order: A14A0992. BETTY MYRICK LOWE v. CITIMORTGAGE, INC. This case originated as a dispossessory proceeding in magistrate court. After an adverse ruling, defendant Betty Lowe 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 Citimortgage, Inc. Lowe filed both an application for a discretionary appeal and a direct appeal. We dismissed the application for discretionary appeal, finding that Lowe did not timely file her application. Lowe v. Citimortgage, Application No. A14D0086 (dismissed Nov. 13, 2013). We likewise must dismiss Lowe’s direct appeal.

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Lowe was required to follow the discretionary appeal procedures, as she attempted to do. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). We lack jurisdiction to consider this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 03/03/2014 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.