Carlos A. Bermudez v. US Bank National Association ( 2019 )

Court of Appeals
of the State of Georgia
February 08, 2019
ATLANTA,____________________
The Court of Appeals hereby passes the following order:
A19D0274. CARLOS A. BERMUDEZ v. US BANK NATIONAL
ASSOCIATION.
Carlos A. Bermudez filed this application for discretionary appeal from the
magistrate court’s January 3, 2019 order granting a writ of possession. We, however,
lack jurisdiction.
As a general rule, “[t]he only avenue of appeal available from [a] magistrate
court judgment is provided by OCGA § 15-10-41 (b) (1), which allows for a de novo
appeal to the state or superior court.” Handler v. Hulsey, 199 Ga. App. 751, 751 (406
SE2d 225) (1991). If the party is then aggrieved by the decision of the state or
superior court, an application for discretionary appeal may be filed in this Court. See
OCGA § 5-6-35 (a) (1), (11). However, this Court may only address magistrate court
matters that already have been reviewed by the state or superior court. See Handler,
199 Ga. App. at 751; Westwind Corp. v. Washington Fed. S & L Assn., 195 Ga. App.
411, 411 (1) (393 SE2d 479) (1990). Accordingly, we lack jurisdiction to consider
this application for discretionary appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
02/08/2019
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.