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Tiffany Roseman v. Y2f Ventures, LLC

Docket A26A1601

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Civil
Disposition
Dismissed
Docket
A26A1601

Direct appeal to the Court of Appeals following dismissal of a petition for review in superior court after de novo review of a magistrate court ruling.

Summary

The Court of Appeals dismissed Tiffany Roseman's appeal from the superior court's dismissal of her petition for review because the court lacked jurisdiction. The case began in magistrate court, Roseman sought de novo review in superior court, and after the superior court dismissed her petition she appealed directly to this Court of Appeals. The Court held that appeals from superior-court de novo reviews of magistrate-court rulings require using the discretionary appeal procedures under OCGA § 5-6-35(a)(1), which Roseman did not follow, so the appeal was dismissed for lack of jurisdiction.

Issues Decided

  • Whether the Court of Appeals has jurisdiction over a direct appeal after a superior court's de novo review of a magistrate court ruling when discretionary appeal procedures were not used.
  • Whether OCGA § 5-6-35(a)(1) and controlling precedent require use of discretionary appeal procedures for appeals from superior-court de novo review of magistrate-court decisions.

Court's Reasoning

The Court found that when a superior court reviews a magistrate court's decision de novo, state law and precedent require following the discretionary appeal route. Because Roseman did not follow the statutory discretionary appeal procedures under OCGA § 5-6-35(a)(1), the Court lacked jurisdiction to hear the matter. The failure to comply with the mandated procedures therefore compelled dismissal of the appeal.

Authorities Cited

  • OCGA § 5-6-35(a)(1)
  • Greig v. Putnam County237 Ga. App. 57 (1999)

Parties

Appellant
Tiffany Roseman
Appellee
Y2F Ventures, LLC
Judge
Court of Appeals of the State of Georgia

Key Dates

Court of Appeals decision
2026-04-07

What You Should Do Next

  1. 1

    Consult an attorney about appellate options

    Talk with appellate counsel to determine whether any further review is available and whether the discretionary appeal procedures can be followed now or whether other remedies exist.

  2. 2

    Review and follow discretionary appeal procedures

    If further appeal is permitted, prepare and file the necessary discretionary appeal materials in compliance with OCGA § 5-6-35(a)(1) and applicable rules and deadlines.

  3. 3

    Consider re-filing or alternative relief in superior court

    If appellate avenues are closed, evaluate whether any procedural or substantive motions in the superior or magistrate court could address the underlying dispute.

Frequently Asked Questions

What did the Court decide?
The Court dismissed the appeal because it did not have jurisdiction; the appellant failed to use the required discretionary appeal procedures.
Who is affected by this decision?
Tiffany Roseman, who appealed the superior court's dismissal, is directly affected because her appeal was dismissed; the appellee, Y2F Ventures, LLC, remains prevailing in the lower proceedings.
What does dismissal for lack of jurisdiction mean?
It means the Court will not decide the merits of the underlying dispute because the appellant did not follow the correct appellate procedure, not that the substantive claim was ruled on by this Court.
Can this be appealed further?
Possibly, but further review would require compliance with applicable procedures and timelines; the decision identifies a procedural defect that would need correction before a higher court could consider the matter.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text
Court of Appeals
of the State of Georgia

                                         ATLANTA,____________________
                                                  April 07, 2026

The Court of Appeals hereby passes the following order:

A26A1601. TIFFANY ROSEMAN v. Y2F VENTURES, LLC.

      This case originated in magistrate court. Following an adverse ruling, Tiffany
Roseman filed a petition for review in superior court. The superior court dismissed
the petition for review, and Roseman filed this direct appeal. We, however, lack
jurisdiction.
      Because the underlying issue involves the superior court’s de novo review of
a magistrate court ruling, Roseman was required to follow the discretionary appeal
procedures in order to appeal. OCGA § 5-6-35(a)(1); Greig v. Putnam County, 237 Ga.
App. 57, 57 (513 SE2d 294) (1999). Roseman’s failure to comply with the requisite
procedures deprives this Court of jurisdiction to consider this appeal, which is hereby
DISMISSED.

                                         Court of Appeals of the State of Georgia
                                           Clerk’s Office, Atlanta,____________________
                                                                       04/07/2026
                                                    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.