Court of Appeals of the State of Georgia ATLANTA,____________________ November 12, 2019 The Court of Appeals hereby passes the following order: A20A0593. JOSEPH GUTHRIE et al. v. TRIO LEASING, LLC.

This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling in that court, defendants David Guthrie and Joseph Guthrie appealed to the state court, which issued a writ of possession in October 2018. The defendants filed a motion to “vacate and set aside” the state court’s judgment, as well as a series of notices of appeal. In a single order entered in February 2019, the state court denied David Guthrie’s motion to vacate and granted the plaintiff’s motion to dismiss Guthrie’s notices of appeal. The defendants subsequently filed a motion to “vacate and set aside” the February 2019 order, which the trial court denied. Guthrie then filed a direct appeal, which we dismissed for lack of jurisdiction. See Case No. A19A1886, dismissed May 16, 2019. On August 26, 2019, the trial court granted the plaintiff a second writ of possession. The defendants appeal from that order. We, however, lack jurisdiction.

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Pretermitting whether an application for discretionary review also was required here under § 5-6-35 (a) (3) (under which an appeal from an order involving a dispossessory warrant in which the only issue to be resolved is rent due and the amount is less than $2,500), Guthrie’s failure to file an application deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Strachan, 216 Ga. App. at 82.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/12/2019 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.