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Valencia B. Alarcon v. Najarian Capital, LLC
Citation: Not availableDocket: A19A0484
Court: Court of Appeals of Georgia; November 8, 2018; Georgia; State Appellate Court
Original Court Document: View Document
Valencia B. Alarcon's appeal against Najarian Capital, LLC originated from a dispossessory proceeding in magistrate court, where Alarcon received an adverse ruling. Upon appealing to the state court, the ruling favored Najarian Capital, prompting Alarcon to appeal again. Najarian Capital filed a motion to dismiss the appeal, asserting that Alarcon was required to submit a discretionary application for the appeal, as mandated by OCGA § 5-6-35 (a)(11) due to the nature of the case being a de novo appeal from a magistrate court decision. The Court of Appeals agreed, stating that Alarcon's failure to comply with the necessary appeal procedures resulted in a lack of jurisdiction over the case. Consequently, the court granted Najarian Capital's motion to dismiss, resulting in the dismissal of Alarcon's appeal.