Case Information

*1 Court of Appeals of the State of Georgia

ATLANTA,____________________ April 13, 2017 The Court of Appeals hereby passes the following order: A17A1407. SHERYL L. SMITH v. DLJ MORTGAGE CAPITAL, INC.

This case began as a dispossessory proceeding in magistrate court. After the magistrate court entered judgment in favor of DLJ Mortgage Capital, Inc., Sheryl L. Smith appealed to the superior court. The superior court issued a writ of possession on January 27, 2017. Thereafter, Smith filed in the superior court a “Notice of Discretionary Appeal,” then an “Amended Notice of Appeal.” The instant appeal ensued, but we 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 and citation omitted); see also OCGA §§ 5-6-35 (a) (1), (d). Smith’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/13/2017 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.