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Suh Norbert v. Terra Creek Apartments, Msc Properties, LLC
Citation: Not availableDocket: A19A0393
Court: Court of Appeals of Georgia; October 2, 2018; Georgia; State Appellate Court
Original Court Document: View Document
The Court of Appeals of Georgia dismissed the appeal in the case of Suh Norbert v. Terra Creek Apartments and MSC Properties, LLC, due to jurisdictional issues. The case originated as a dispossessory proceeding in magistrate court, where an adverse ruling led to an appeal in superior court. The superior court dismissed the defendants' counterclaims and issued a writ of possession for the plaintiff on March 7, 2018. Suh Norbert filed a direct appeal on April 3, 2018. The dismissal was based on two key reasons: 1. Appeals from superior court decisions that review lower court rulings through certiorari or de novo proceedings require an application for discretionary appeal, as mandated by OCGA 5-6-35 (a)(1)(b). Non-compliance with this procedure is jurisdictional, and Norbert's failure to do so deprived the court of jurisdiction. 2. Additionally, appeals in dispossessory actions must be filed within 7 days of the judgment, according to OCGA 44-7-56. Norbert's notice of appeal was filed 27 days after the superior court's order, making it untimely. As a result, the Court dismissed Norbert's appeal for lack of jurisdiction.