Antoinette Moore v. Eleven85 Residences, LLC

• Court: Court of Appeals of Georgia
• Decided: August 22, 2023
• Docket: A24A0079
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 22, 2023

The Court of Appeals hereby passes the following order:

A24A0079. ANTOINETTE MOORE v. ELEVEN85 RESIDENCES, LLC

Eleven85 Residences, LLC filed a dispossessory petition against Antoinette Moore and All Other Occupants. The state court entered a writ of possession in favor of Eleven85 Residences on June 29, 2023. Moore filed a notice of appeal on July 19, 2023. We, however, lack jurisdiction because Moore’s notice of appeal was untimely. Under OCGA § 44-7-56, an appeal from any judgment by the trial court in a dispossessory proceeding must be filed within seven days of the date the judgment was entered. See Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-336 (715 SE2d 752) (2011). Here, Moore filed her notice of appeal 20 days after the state court entered the order issuing a writ of possession. Because the notice of appeal was not filed within seven days of the state court’s order, it was untimely and must be dismissed. See Radio Sandy Springs, 311 Ga. App. at 336. For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/22/2023 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.