Damian Whitaker v. Public Storage

Court of Appeals of Georgia

Damian Whitaker v. Public Storage

DecidedDecember 4, 2023

DocketA24E0035

StatusPublished

This text of Damian Whitaker v. Public Storage (Damian Whitaker v. Public Storage) 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

Damian Whitaker v. Public Storage, (Ga. Ct. App. 2023).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 04, 2023

The Court of Appeals hereby passes the following order:

A24E0035. WHITAKER v. PUBLIC STORAGE.

Damian Whitaker has filed an emergency motion to extend the time to file an application for discretionary appeal of a Fulton County State Court order granting summary judgment to Public Storage as to his counterclaim in Public Storage’s dispossessory action against him. Pursuant to Court of Appeals Rule 31, “[a]n application for discretionary appeal must generally be filed in this Court within 30 days of the date of the entry of the trial court’s order being appealed. . . .” “Any application . . . for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order.”1 Here, the order granting summary judgment to Public Storage on Whitaker’s counterclaims was entered on October 31, 2023. Because the 30-day period for filing

1 OCGA § 5-6-39 (d). a notice of appeal or motion for discretionary application has expired, any application Whitaker might file would be untimely.2 Accordingly, Whitaker’s emergency motion is hereby denied. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/04/2023 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.

2 See OCGA §§ 5-3-38 (a) (providing that a notice of appeal “shall be filed within 30 days after entry of the appealable decision or judgment complained of”); 9-11-56 (h) (“An order granting summary judgment on any issue or as to any party shall be subject to review by appeal.”); 5-6-34 (a) (1) (authorizing direct appeals from final judgments of the trial court, except as provided in OCGA § 5-6-35).

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 04, 2023

The Court of Appeals hereby passes the following order:

A24E0035. WHITAKER v. PUBLIC STORAGE.

Damian Whitaker has filed an emergency motion to extend the time to file an application for discretionary appeal of a Fulton County State Court order granting summary judgment to Public Storage as to his counterclaim in Public Storage’s dispossessory action against him. Pursuant to Court of Appeals Rule 31, “[a]n application for discretionary appeal must generally be filed in this Court within 30 days of the date of the entry of the trial court’s order being appealed. . . .” “Any application . . . for an extension must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order.”1 Here, the order granting summary judgment to Public Storage on Whitaker’s counterclaims was entered on October 31, 2023. Because the 30-day period for filing

1 OCGA § 5-6-39 (d). a notice of appeal or motion for discretionary application has expired, any application Whitaker might file would be untimely.2 Accordingly, Whitaker’s emergency motion is hereby denied. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/04/2023 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.

2 See OCGA §§ 5-3-38 (a) (providing that a notice of appeal “shall be filed within 30 days after entry of the appealable decision or judgment complained of”); 9-11-56 (h) (“An order granting summary judgment on any issue or as to any party shall be subject to review by appeal.”); 5-6-34 (a) (1) (authorizing direct appeals from final judgments of the trial court, except as provided in OCGA § 5-6-35).

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Damian Whitaker v. Public Storage, Counsel Stack Legal Research, https://law.counselstack.com/opinion/damian-whitaker-v-public-storage-gactapp-2023.

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