GREGORY TOLBERT v. MICHAEL MANSOUR
CourtCourt of Appeals of Georgia
Date FiledJuly 17, 2026
DocketA26A2465
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 17, 2026
The Court of Appeals hereby passes the following order:
A26A2465. GREGORY TOLBERT et al. v. MICHAEL MANSOUR.
This dispossessory matter originated in magistrate court. Following a consent
judgment, Gregory Tolbert filed a petition for review in superior court. The superior
court issued a writ of possession, and Tolbert filed this direct appeal. We, however,
lack jurisdiction.
Appeals from decisions of superior courts reviewing decisions of lower courts
by petition for review must be initiated by filing an application for discretionary
review. OCGA § 5-6-35(a)(1). “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 Tolbert seeks to appeal a superior court decision reviewing a decision
of the magistrate court, he was required to file an application for discretionary review.
His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/17/2026
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.