Robert Davis et al. v. CKA Auto Sales, LLC

Summary

The Georgia Court of Appeals dismissed the direct appeal for lack of jurisdiction. The court held that a superior court judgment reviewing a magistrate court decision must be appealed by discretionary application under OCGA § 5-6-35(a)(1), and the plaintiffs had not followed that procedure.

Holdings

1. Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be taken by application for discretionary appeal, not by direct appeal.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a direct appeal from a superior court judgment reviewing a lower court decision.
2. Whether the plaintiffs were required to seek discretionary appellate review rather than file a direct appeal.

Disposition

dismissed