Juan M. Diaz v. E. Kathleen Taylor

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 15, 2018

The Court of Appeals hereby passes the following order: A18A1088. JUAN M. DIAZ v. E. KATHLEEN TAYLOR et al.

E. Kathleen Taylor and Earle Taylor brought this action in magistrate court seeking unpaid rent and the payment of a security deposit by Juan Diaz. The magistrate court awarded the Taylors $791.00 in prorated rent and court costs against Diaz. Diaz appealed the award to superior court, which entered judgment in favor of the Taylors for $700.00 and also directed Diaz to transfer a $1,000.00 security deposit to the Taylors to hold. Diaz filed this direct appeal. We, however, lack jurisdiction for two reasons. First, “[a]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (11). Because this is an appeal from the decision of a superior court conducting a de novo review of a magistrate court order, Diaz was required to file an application for discretionary appeal. Bullock, 260 Ga. App. at 875. Second, appeals in all actions for damages in which the judgment is $10,000.00 or less shall comply with the discretionary appeals procedure. OCGA § 5-6-35 (a) (6). Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required for this reason too. See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998); see also Brunswick v. Todd, 255 Ga. 448 (339 SE2d 589) (1986).

Because Diaz did not follow the proper procedure for requesting appellate review in this case, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/15/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.