Lynette Kiner v. Citimortgage ( 2016 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
January 13, 2016
The Court of Appeals hereby passes the following order:
A16A0704. LYNETTE KINER v. CITIMORTGAGE.
This case began as a dispossessory proceeding in magistrate court. Following
an adverse ruling, defendant Lynette Kiner appealed to the state court, which entered
a writ of possession in favor of plaintiff CitiMortgage, Inc. Kiner then filed a notice
of appeal to the superior court, which transferred the case to this Court. We lack
jurisdiction.
Because the order at issue disposes of a de novo appeal from a magistrate court
decision, Kiner was required to follow the discretionary appeal procedures to obtain
further appellate review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg.
Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Her failure to do so deprives
us of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
01/13/2016
Clerk’s Office, Atlanta,____________________
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.