Billy R. Smith v. U.S. Bank Trust National Association

Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 24, 2016
The Court of Appeals hereby passes the following order:
A17A0339. BILLY R. SMITH v. U. S. BANK TRUST NATIONAL
ASSOCIATION.
This case began as a dispossessory proceeding in magistrate court. Following
an adverse ruling, Billy Smith appealed to the superior court. The superior court
entered a writ of possession in favor of U. S. Bank Trust National Association. Smith
then filed this direct appeal. We, however, lack jurisdiction.
“[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) (punctuation
omitted); see also OCGA § 5-6-35 (a) (1). Because Smith did not follow the proper
procedure for requesting appellate review in this case, we lack jurisdiction over this
appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
10/24/2016
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.