Background
This dispossessory matter began in magistrate court, which entered judgment for Edward Mumphery.
Korey Maddox then sought superior-court review by petition for review. The superior court issued a writ of possession, and Maddox filed a direct appeal to the Court of Appeals of Georgia.
The Court’s Holding
The Court of Appeals dismissed the direct appeal for lack of jurisdiction. Under OCGA § 5-6-35(a)(1), an appeal from a superior-court decision reviewing a lower-court decision by petition for review must be initiated through an application for discretionary review.
Because Maddox directly appealed the superior court’s review of the magistrate court decision rather than filing a discretionary application, he did not comply with the required appellate procedure. The court held that requirement is jurisdictional and dismissed the appeal.
Key Takeaways
- A superior court’s review of a magistrate-court decision by petition for review is not directly appealable as of right.
- OCGA § 5-6-35(a)(1) requires an application for discretionary review in this posture.
- Failure to use the discretionary-appeal procedure deprives the Court of Appeals of jurisdiction.
Why It Matters
The decision underscores that the route of prior review determines the next appellate step. In dispossessory cases originating in magistrate court, parties seeking review of a superior court’s petition-for-review ruling must use the discretionary-application process.