Court of Appeals of the State of Georgia

ATLANTA,__________________

October 09, 2012

The Court of Appeals hereby passes the following order:

A13A0131. CHARLES HENRY WATKINS v. YVETTE VILLARREAL, et al.

After the magistrate court entered a judgment against him, Charles Henry Watkins appealed to the state court. The state court, too, entered a judgment against Watkins, in the amount of $2,985 plus court costs. Watkins then filed a direct appeal to this Court. We lack jurisdiction.

Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Watkins was required to follow the discretionary appeal procedure set forth in OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). In addition, an application for discretionary appeal is also required for appeals from a judgment of less than $10,000 in an action for damages. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Watkins has failed to follow the discretionary appeal procedure. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia

10/09/2012 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.