Georgia Court of Appeals, 2021

Jeremiah Carbon v. Hb Properties I LLC

Jeremiah Carbon v. Hb Properties I LLC
Georgia Court of Appeals · Decided December 21, 2021

Jeremiah Carbon v. Hb Properties I LLC

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ December 21, 2021 The Court of Appeals hereby passes the following order: A22A0702. JEREMIAH CARBON v. HB PROPERTIES I LLC.

This case began as a dispossessory proceeding in magistrate court. After the magistrate court entered final judgment in favor of HB Properties I LLC, Jeremiah Carbon appealed to the state court. The state court granted summary judgment and a writ of possession to HB Properties. Carbon then filed a notice of direct appeal to this Court. We 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 appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (punctuation omitted). Carbon’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/21/2021 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.