Torin Pope v. US Bank National Association

Summary

The Georgia Court of Appeals dismissed Torin Pope’s direct appeal from a state-court judgment arising from a dispossessory action. The court held that because the state-court order resolved a de novo appeal from magistrate court, Pope was required to use the discretionary appeal procedures under OCGA § 5-6-35(a)(11), and his failure to do so deprived the court of jurisdiction.

Holdings

1. A party seeking review in the Court of Appeals of an order disposing of a de novo appeal from a magistrate-court decision must follow the discretionary-appeal procedures.

Questions Presented

1. Whether the Court of Appeals of Georgia had jurisdiction over a direct appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision.
2. Whether a party appealing such an order was required to use the discretionary-appeal procedures under OCGA § 5-6-35(a)(11).

Disposition

dismissed