Stephen H. Argue v. City of Savannah Recorder's Court

Court of Appeals of the State of Georgia ATLANTA,____________________ February 22, 2022 The Court of Appeals hereby passes the following order: A22A0935. STEPHEN H. ARGUE v. CITY OF SAVANNAH RECORDER’S COURT. Stephen H. Argue was found guilty in the City of Savannah Recorder’s Court of violating a city ordinance. He appealed to the superior court, which entered an order reversing his conviction, remanding the case to the recorder’s court for a new trial, and denying his request for attorney fees. Argue now appeals to this Court, but we lack jurisdiction. Pretermitting whether the superior court’s order is a final order, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Taylor v. City of Atlanta, 184 Ga. App. 795, 795-796 ( 363 SE2d 45 ) (1987). Argue’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Taylor, 184 Ga. App. at 795-796 ; compare Lewis v. City of Savannah, 336 Ga. App. 126 ( 784 SE2d 1 ) (2016) (granted discretionary appeal from superior court order reviewing recorder’s court decision). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/22/2022 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.