LEONARD WALKER v. TOUCHMARK NATIONAL BANK

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 26, 2026

The Court of Appeals hereby passes the following order:

A26A1210. LEONARD WALKER et al v. TOUCHMARK NATIONAL BANK.

Following an adverse ruling in magistrate court in this dispossessory
proceeding, Leonard Walker and Crystal Williams (“Petitioners”) filed a petition for
review in superior court. On November 19, 2025, the superior court affirmed the
judgment below, finding that Touchmark National Bank was entitled to a writ of
possession. Petitioners filed this direct appeal on December 15, 2025. We, however,
lack jurisdiction.
Appeals from superior court decisions reviewing lower court decisions by
petition for review must be initiated by filing an application for discretionary appeal.
OCGA § 5-6-35 (a)(1); 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). Petitioners’ failure
to comply with the discretionary appeals procedure deprives us of jurisdiction over
this direct appeal. Moreover, the notice of appeal is untimely. Under OCGA §
44-7-56, appeals in dispossessory actions “shall be filed within seven days of the date
such judgment was entered.” Here, Petitioners filed their notice of appeal 26 days
after entry of the superior court’s judgment. For these reasons, we lack jurisdiction
over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/26/2026
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.