Edward Yapp-Pow v. Key Property Services, LLC
Edward Yapp-Pow v. Key Property Services, LLC
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ January 08, 2015 The Court of Appeals hereby passes the following order: A15A0516. EDWARD YAPP-POW v. KEY PROPERTY SERVICES, LLC, et al.
This case began as a dispossessory action in magistrate court. Following an adverse ruling, defendant Edward Yapp-Pow filed a motion to set aside the dispossessory judgment, which the magistrate court denied. Yapp-Pow appealed the magistrate court’s decision to superior court. The superior court dismissed Yapp- Pow’s petition for writ of certiorari, and Yapp-Pow filed his notice of appeal to this Court. We lack jurisdiction. “[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Such compliance is required even where the superior court dismisses the certiorari petition. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984). Because Yapp-Pow did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia 01/08/2015 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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