Rick Warren v. City of Atlanta ( 2018 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 23, 2018
The Court of Appeals hereby passes the following order:
A19A0067. RICK WARREN v. CITY OF ATLANTA et al.
After the Municipal Court of the City of Atlanta adjudicated Rick Warren
guilty of violating the Atlanta City Housing Code of 1987, he petitioned the superior
court for a writ of certiorari. The superior court issued the writ but subsequently
dismissed the case for want of prosecution.1 Warren then filed this direct appeal. We
lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by
certiorari or de novo proceedings must be initiated by filing an application for
discretionary review. OCGA § 5-6-35 (a) (1), (b); see Taylor v. City of Atlanta, 184
Ga. App. 795, 795-796 (363 SE2d 45) (1987). Compliance with the discretionary
appeal procedure is required even where the superior court dismisses the action. See
Taylor, 184 Ga. App. at 796; accord Brewer v. Bd. of Zoning Adjustment of Atlanta,
170 Ga. App. 351, 351 (317 SE2d 327) (1984). Warren’s failure to comply with the
discretionary appeal procedure deprives us of jurisdiction over this direct appeal,
1
In a single order, the superior court dismissed three cases that originated in
the municipal court. The instant appeal seeks review of the superior court’s dismissal
order only as it pertains to superior court case no. 2016CV274144.
which is hereby DISMISSED. See Taylor, 184 Ga. App. at 796; Brewer, 170 Ga.
App. at 351.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/23/2018
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.