DIANE ELAINE FORD v. SHELLEY KENNEAVY
CourtCourt of Appeals of Georgia
Date FiledNovember 5, 2026
DocketA26A2013
StatusPublished
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Full Opinion
FOURTH DIVISION
MCFADDEN, P. J.,
WATKINS and PADGETT, JJ.
NOTICE: Motions for reconsideration must be
received no later than 4:30 pm on the 10th day after
the decision was issued to be deemed timely filed.
https://www.gaappeals.gov/rules
November 5, 2026
In the Court of Appeals of Georgia
A26A2013. FORD v. KENNEAVY et al.
MCFADDEN, Presiding Judge.
Diane Ford filed a claim in magistrate court against Shelley and Sean Kenneavy.
The magistrate court entered a judgment in favor of Ford, awarding her damages,
court costs, and interest. Dissatisfied with the amount of the judgment, Ford filed a
petition for review in state court. See generally Superior and State Court Appellate
Practice Act, OCGA §§ 5-3-1 through 5-3-11.
The state court granted the Kenneavys’ motion for summary judgment, and
Ford filed a notice of appeal. We lack jurisdiction over her appeal.
An appeal from a state court’s review of a magistrate court’s decision must be
brought by discretionary application. OCGA § 5-6-35(a)(11), (b); Strachan v. Meritor
Mtg. Corp. E., 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the
discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221
Ga. App. 257, 257 (471 SE2d 60) (1996).
Because Ford failed to file an application for discretionary appeal, this appeal
is dismissed for lack of jurisdiction.
Appeal dismissed. Watkins and Padgett, JJ., concur.
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