Crowder v. Citizens Trust Bank

Court of Appeals of Georgia

Crowder v. Citizens Trust Bank

444 S.E.2d 853, 213 Ga. App. 477, 94 Fulton County D. Rep. 1982, 1994 Ga. App. LEXIS 611

CourtCourt of Appeals of Georgia

DecidedMay 27, 1994

DocketA94A0511

StatusPublished

Cited by2 cases

This text of 444 S.E.2d 853 (Crowder v. Citizens Trust Bank) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Crowder v. Citizens Trust Bank, 444 S.E.2d 853, 213 Ga. App. 477, 94 Fulton County D. Rep. 1982, 1994 Ga. App. LEXIS 611 (Ga. Ct. App. 1994).

Pincite

Opinion

Cooper, Judge.

Defendant executed a promissory note and a deed to secure debt, granting plaintiff a security interest in the subject property. Defendant defaulted on the note and filed for bankruptcy protection. After obtaining relief from the automatic stay, plaintiff foreclosed on the property and subsequently filed a writ of possession against defendant, alleging defendant to be a tenant at sufferance. The Magistrate Court of Fulton County issued a writ of possession, and defendant appealed to the State Court of Fulton County, which affirmed the decision of the magistrate. Defendant, pro se, filed a direct appeal from the order of the state court.

“Because the appeal to this Court is taken from the decision of a state court reviewing a decision of a magistrate court by a de novo proceeding involving a subject matter not otherwise subject to a right of direct appeal, the discretionary appeal procedures of OCGA § 5-6-35 were required and this appeal must be dismissed. [Cit.]; OCGA § 5-6-35 (a) (11).” Lewis v. Barclays American/Mortgage Corp., 204 Ga. App. 227 (419 SE2d 538) (1992).

Appeal dismissed.

Birdsong, P. J., and Blackburn, J., concur.

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Cooper, Judge.

Defendant executed a promissory note and a deed to secure debt, granting plaintiff a security interest in the subject property. Defendant defaulted on the note and filed for bankruptcy protection. After obtaining relief from the automatic stay, plaintiff foreclosed on the property and subsequently filed a writ of possession against defendant, alleging defendant to be a tenant at sufferance. The Magistrate Court of Fulton County issued a writ of possession, and defendant appealed to the State Court of Fulton County, which affirmed the decision of the magistrate. Defendant, pro se, filed a direct appeal from the order of the state court.

“Because the appeal to this Court is taken from the decision of a state court reviewing a decision of a magistrate court by a de novo proceeding involving a subject matter not otherwise subject to a right of direct appeal, the discretionary appeal procedures of OCGA § 5-6-35 were required and this appeal must be dismissed. [Cit.]; OCGA § 5-6-35 (a) (11).” Lewis v. Barclays American/Mortgage Corp., 204 Ga. App. 227 (419 SE2d 538) (1992).

Appeal dismissed.

Birdsong, P. J., and Blackburn, J., concur.

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Bluebook (online)

444 S.E.2d 853, 213 Ga. App. 477, 94 Fulton County D. Rep. 1982, 1994 Ga. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowder-v-citizens-trust-bank-gactapp-1994.

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