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Patel v. Epps

The appellant was required to file a discretionary appeal in a case involving superior court review of the decision of a special master appointed under the Auditors Statute.

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Because Mrunalini Patel appeals from an order of the superior court reviewing the decision of a special master appointed under the Auditors Statute, OCGA § 9-7-1 et seq., she was required to follow the discretionary appeal procedure mandated by OCGA § 5-6-35 a 1. Rather than follow that procedure, Patel filed a direct appeal under OCGA § 5-6-34. Consequently, we must dismiss this appeal for lack of jurisdiction.

The record shows that Patel and Thomas Epps own adjoining residential lots in an Atlanta subdivision. When Patel began constructing a concrete wall, a dispute arose between the parties over the location of the boundary line between their lots. Unable to resolve their dispute, Epps filed suit against Patel in the Superior Court of Fulton County, alleging that the wall crossed the boundary line and encroached onto his property.

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