William Hart v. Jennifer Burtner-Chan

Jul 30, 2026

A26A2291

The Court of Appeals hereby passes the following order:

A26A2291. WILLIAM HART v. JENNIFER BURTNER-CHAN.

Jennifer Burtner-Chan filed this dispossessory action against William Hart in Gwinnett County Magistrate Court. The magistrate court issued a writ of possession and judgment in favor of Burtner-Chan, and Hart appealed to the Gwinnett County State Court. The state court also entered judgment in favor of Burtner-Chan, and Hart then filed this direct appeal. We, however, lack jurisdiction.

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a)(11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (quotation marks omitted). Hart‘s failure to follow the procedures for a discretionary appeal deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk‘s Office, Atlanta, 07/30/2026

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.

Christina Cooley Smith, Clerk.