Court of Appeals of the State of Georgia

ATLANTA,____________________ January 09, 2017

The Court of Appeals hereby passes the following order:

A17A0822. TONY L. WARE et al. v. VENDOR RESOURCES MANAGEMENT.

This case originated as a dispossessory proceeding in magistrate court. The magistrate court entered a judgment in favor of the plaintiff, and the defendants appealed to superior court.1 On October 31, 2016, the superior court granted summary judgment to the plaintiff, and the defendants filed this appeal. We, however, lack jurisdiction. When a superior court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). The defendants’ failure to follow the proper appellate procedure deprives us of jurisdiction to review this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/09/2017 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.

1 The appeal to superior court was originally filed by Rachel Foreman, Diane Shuman and Edward Shuman. Tony Ware was subsequently added as a party.