Karen Medows v. Rhonda Medows

Summary

The Georgia Court of Appeals dismissed Karen Medows's direct appeal from a superior court order arising from a dispossessory proceeding. The court held that because the superior court had decided a de novo appeal from magistrate court, Medows was required to use the discretionary appeal procedure under OCGA § 5-6-35(a)(1), and her failure to do so deprived the court of jurisdiction.

Holdings

1. A party seeking review of a superior court order disposing of a de novo appeal from a magistrate court decision must follow the discretionary appeal procedure; failure to do so deprives the Court of Appeals of jurisdiction over a direct appeal.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a direct appeal from a superior court order disposing of a de novo appeal from a magistrate court dispossessory proceeding.
2. Whether Medows was required to use the discretionary appeal procedure rather than filing a direct appeal.

Disposition

dismissed