Opinion
A23A1108
03-08-2023
ANDREW W. BELL v. DEKALB COUNTY et al.
The Court of Appeals hereby passes the following order:
Andrew W. Bell filed a petition for certiorari in the superior court seeking to challenge a DeKalb County zoning decision. The superior court dismissed the petition, and Bell filed this direct appeal. We, however, lack jurisdiction.
Under OCGA § 5 -6-3 5 (a) (1), "[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings" must be made by filing an application for discretionary appeal in this Court. See Consolidated Govt. of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 S.E.2d 73) (2001). Such compliance is required even where the superior court dismisses the action. See Ross v. Mullis Tree Svc., Inc., 183 Ga.App. 627, 627 (360 S.E.2d 288) (1987). Because Bell failed to comply with the discretionary appeal procedure, we lack jurisdiction over the appeal, which is hereby DISMISSED.