Luz Alvarez v. U.S. Bank National Trust National Association, as Trustee of Lsf9 Master Participation Trust ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
November 28, 2023
The Court of Appeals hereby passes the following order:
A24A0465. LUZ ALVAREZ v. U.S. BANK NATIONAL TRUST NATIONAL
ASSOCIATION, AS TRUSTEE OF LS49 MASTER PARTICIPATION
TRUST.
In December 2022, U.S. Bank National Trust National Association, as Trustee
of LSF9 Master Participation Trust (“U.S. Bank”) obtained title to certain real
property located in Gwinnett County at a judicial foreclosure sale. U.S. Bank then
filed a dispossessory action in Gwinnett County Magistrate Court, naming as
defendants the property’s former owner and “all others” who might be residing at the
property. Luz Alvarez answered the complaint, stating that she was renting the
property pursuant to a two-year lease agreement. The magistrate court granted U.S.
Bank’s petition and issued it a writ of possession for the property. Following a de
novo appeal by Alvarez, the superior court affirmed the magistrate court’s decision.
Alvarez then filed this direct appeal, seeking to challenge the writ of possession. We,
however, lack jurisdiction.
An appeal from a superior court order disposing of a de novo appeal from a
magistrate court decision must be initiated by filing an application for discretionary
appeal. OCGA § 5-6-35 (a) (11), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581
SE2d 333) (2003). “Compliance with the discretionary appeals procedure is
jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903
(862 SE2d 564) (2021) (punctuation omitted).
Thus, Alvarez’s failure to follow the proper procedure deprives us of
jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
11/28/2023
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.