James Caparco v. Auben Realty, LLC

Automated case summary

What the court decided

The issue in this case was whether James Caparco's direct appeal from a magistrate court order was timely filed, given that he should have first sought discretionary review of the lower court decision under OCGA § 5-6-35(a)(1). Caparco failed to comply with this procedure. This appeal is dismissed because Caparco's failure to follow the proper discretionary appeals procedure deprives the Court of Appeals of jurisdiction, and his emergency motion for supersedeas is also dismissed.