FORD v. KENNEAVY (2026)

Court of Appeals of Georgia.

FORD v. KENNEAVY et al.

A26A2013

Decided: November 05, 2026

MCFADDEN, P. J., WATKINS and PADGETT, JJ

Diane Ford filed a claim in magistrate court against Shelley and Sean Kenneavy. The magistrate court entered a judgment in favor of Ford, awarding her damages, court costs, and interest. Dissatisfied with the amount of the judgment, Ford filed a petition for review in state court. See generally Superior and State Court Appellate Practice Act, OCGA §§ 5-3-1 through 5-3-11.

The state court granted the Kenneavys’ motion for summary judgment, and Ford filed a notice of appeal. We lack jurisdiction over her appeal.

An appeal from a state court's review of a magistrate court's decision must be brought by discretionary application. OCGA § 5-6-35(a)(11), (b); Strachan v. Meritor Mtg. Corp. E., 216 Ga. App. 82, 82, 453 S.E.2d 119 (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep't of Human Res., 221 Ga. App. 257, 257, 471 S.E.2d 60 (1996).

Because Ford failed to file an application for discretionary appeal, this appeal is dismissed for lack of jurisdiction.

Appeal dismissed.

McFadden, Presiding Judge.

Watkins and Padgett, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network