Denequia Smith v. the American Home Real Estate Pm

Court of Appeals of Georgia

Denequia Smith v. the American Home Real Estate Pm

DecidedDecember 25, 2014

DocketA15A0692

StatusPublished

This text of Denequia Smith v. the American Home Real Estate Pm (Denequia Smith v. the American Home Real Estate Pm) 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

Denequia Smith v. the American Home Real Estate Pm, (Ga. Ct. App. 2014).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2014

The Court of Appeals hereby passes the following order:

A15A0692. DENEQUIA SMITH v. THE AMERICAN HOME REAL ESTATE PM.

This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Denequia Smith appealed the magistrate court’s decision to the state court. On September 12, 2014, the state court entered judgment against Smith, who filed a notice of direct appeal to this Court on September 22, 2014. We lack jurisdiction for two reasons. First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Smith was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Her failure to do so deprives us of jurisdiction over this appeal. Second, this appeal is untimely. Although a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. See Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). The underlying subject matter of this case is a dispossessory judgment. And, pursuant to OCGA § 44-7-56, an appeal from a dispossessory judgment must be filed within seven days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521 (521 SE2d 456) (1999). Here, Smith filed her notice of appeal 10 days after the state court’s order was entered. For these reasons, we lack jurisdiction to review this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 12/12/2014 Clerk’s Office, Atlanta,____________________ 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2014

The Court of Appeals hereby passes the following order:

A15A0692. DENEQUIA SMITH v. THE AMERICAN HOME REAL ESTATE PM.

This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Denequia Smith appealed the magistrate court’s decision to the state court. On September 12, 2014, the state court entered judgment against Smith, who filed a notice of direct appeal to this Court on September 22, 2014. We lack jurisdiction for two reasons. First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Smith was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Her failure to do so deprives us of jurisdiction over this appeal. Second, this appeal is untimely. Although a notice of appeal generally may be filed within 30 days of entry of the order sought to be appealed, the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. See Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). The underlying subject matter of this case is a dispossessory judgment. And, pursuant to OCGA § 44-7-56, an appeal from a dispossessory judgment must be filed within seven days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521 (521 SE2d 456) (1999). Here, Smith filed her notice of appeal 10 days after the state court’s order was entered. For these reasons, we lack jurisdiction to review this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 12/12/2014 Clerk’s Office, Atlanta,____________________ 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.

Cite This Page — Counsel Stack

Bluebook (online)

Denequia Smith v. the American Home Real Estate Pm, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denequia-smith-v-the-american-home-real-estate-pm-gactapp-2014.

Opinion

Related

Cite This Page — Counsel Stack