Reginald Johnson v. Qbe First Insurance Agency, Inc. ( 2016 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 01, 2016
The Court of Appeals hereby passes the following order:
A16A1656. REGINALD JOHNSON v. QBE FIRST INSURANCE AGENCY,
INC.
In this direct appeal, Reginald Johnson seeks review of the superior court’s
order granting summary judgment to QBE First Insurance Agency, Inc. Johnson
sought an appeal to the superior court from the magistrate court’s judgment in favor
of QBE. However, QBE filed a motion to dismiss Johnson’s appeal because we lack
jurisdiction. QBE is correct.
“[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) (1). Such compliance is required even where the superior court
grants summary judgment. See Bullock, supra. Because Johnson did not follow the
proper procedure for requesting appellate review in this case, we lack jurisdiction
over this appeal. Accordingly, QBE’s motion to dismiss is GRANTED, and this
appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
07/01/2016
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.