WILLIAMS v. DUNCAN (2026)

Earle Duncan, as successor executor of the estate of Donald O. Nelson, filed a dispossessory action in magistrate court against Crystal Holly Williams. The magistrate court entered judgment and a writ of possession in favor of Duncan. Williams filed a petition for review in superior court, and after a hearing on the petition, the court issued an order in favor of Duncan. Williams appeals that order. We, however, lack jurisdiction.¹

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(1); Bullock v. Sand, 260 Ga. App. 874, 875, 581 S.E.2d 333 (2003). Because the underlying subject matter involves an appeal from magistrate court to superior court, Williams was required to file a discretionary application. See Bullock, 260 Ga. App. at 875, 581 S.E.2d 333.

Thus, as Williams was required to file an application for discretionary review, her failure to do so deprives us of jurisdiction over this direct appeal, and accordingly, we dismiss the subject appeal.

Appeal dismissed.

FOOTNOTES

1.   See Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257, 471 S.E.2d 60 (1996)(“Compliance with the discretionary appeals procedure is jurisdictional”).

Barnes, Presiding Judge.

Markle and Hodges, JJ., concur.