Verna Bair v. Jason Neisler

Court of Appeals of the State of Georgia ATLANTA,____________________ October 22, 2026 The Court of Appeals hereby passes the following order: A27A0639. VERNA BAIR v. JASON NEISLER. This case began as a dispossessory proceeding in magistrate court. Following an adverse ruling, pro se defendant Verna Bair filed a petition for review in superior court. The superior court thereafter denied Bair’s Emergency Motion to Determine Rent and to Stay Writ of Possession and issued a writ of possession in favor of the plaintiff. Bair then appealed directly to this Court. We lack jurisdiction. An appeal from a superior court decision reviewing a lower court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Bair’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Bullock, 260 Ga. App. at 875; Smoak, 221 Ga. App. at 257–58. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/22/2026 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.