Ashley Fleet v. Firstkey Homes, LLC

• Court: Court of Appeals of Georgia
• Decided: October 8, 2024
• Docket: A25A0306
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 08, 2024

The Court of Appeals hereby passes the following order:

A25A0306. ASHLEY FLEET v. FIRSTKEY HOMES, LLC.

After this dispossessory proceeding was transferred from magistrate court to state court, the state court entered an order granting a writ of possession on January 4, 2024. Ashley Fleet filed a notice of appeal on January 24, 2024. We, however, lack jurisdiction. While a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, appeals in dispossessory actions must be filed within 7 days of the date the judgment was entered. See OCGA § 44-7-56 (b) (1); Radio Sandy Springs v. Allen Road Joint Venture, 311 Ga. App. 334, 335-336 (715 SE2d 752) (2011). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Fleet’s notice of appeal was filed 20 days after the January 4 judgment she seeks to appeal. Consequently, this untimely appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/08/2024 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.