Angelina Maria Cortez v. Najarian Capital, LLC
CourtCourt of Appeals of Georgia
Date FiledOctober 6, 2026
DocketA27A0460
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 06, 2026
The Court of Appeals hereby passes the following order:
A27A0460. ANGELINA MARIA CORTEZ v. NAJARIAN CAPITAL, LLC.
In this dispossessory proceeding, following an adverse ruling in magistrate
court, Angelina Maria Cortez appealed to superior court. On January 28, 2026, the
superior court dismissed Cortez’s appeal because she failed to pay rent into the
registry of the court. On February 9, 2026, Cortez filed a direct appeal. We lack
jurisdiction.
Pretermitting whether Cortez’s appeal is timely,1 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
1
A notice of appeal in a dispossessory action must be filed within seven days of
entry of the order to be appealed. OCGA § 44-7-56(b)(1); Stubbs v. Local Homes, LLC,
375 Ga. App. 513, 514 (915 SE2d 91) (2025).
(471 SE2d 60) (1996). Because Cortez failed to file a discretionary application, we lack
jurisdiction to consider this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/06/2026
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.