Dewyan Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments

Court of Appeals of Georgia

Dewyan Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments

DecidedDecember 12, 2022

DocketA23D0166

StatusPublished

This text of Dewyan Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments (Dewyan Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments) 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.

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Dewyan Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments, (Ga. Ct. App. 2022).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2022

The Court of Appeals hereby passes the following order:

A23D0166. DEWYAN FITZGERALD v. ATL21WR OWNER LLC d/b/a NORTHCREST APARTMENTS.

Dewyan Fitzgerald filed a pleading in this Court, which was docketed as an application for discretionary appeal. It is clear from the filing that Fitzgerald seeks to appeal a November 29, 2022 order canceling a lis pendens. It appears that the trial court’s order is directly appealable. “[A] pretrial order granting a motion to cancel a notice of lis pendens falls within the small class of cases that [the collateral order doctrine] has placed beyond the confines of the final-judgment rule,” and “such orders are directly appealable.” Scroggins v. Edmondson, 250 Ga. 430, 432 (1) (c) (297 SE2d 469) (1982) (citation and punctuation omitted). See also Hutson v. Young, 255 Ga. App. 169, 170 (564 SE2d 780) (2002).We also note that no provision of OCGA § 5-6-35 (a) relating to discretionary appeals appears to apply to the order Fitzgerald seeks to appeal. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Fitzgerald shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. See Wannamaker v. Carr, 257 Ga. 634, 635 (1) (362 SE2d 53) (1987). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2022 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 12, 2022

The Court of Appeals hereby passes the following order:

A23D0166. DEWYAN FITZGERALD v. ATL21WR OWNER LLC d/b/a NORTHCREST APARTMENTS.

Dewyan Fitzgerald filed a pleading in this Court, which was docketed as an application for discretionary appeal. It is clear from the filing that Fitzgerald seeks to appeal a November 29, 2022 order canceling a lis pendens. It appears that the trial court’s order is directly appealable. “[A] pretrial order granting a motion to cancel a notice of lis pendens falls within the small class of cases that [the collateral order doctrine] has placed beyond the confines of the final-judgment rule,” and “such orders are directly appealable.” Scroggins v. Edmondson, 250 Ga. 430, 432 (1) (c) (297 SE2d 469) (1982) (citation and punctuation omitted). See also Hutson v. Young, 255 Ga. App. 169, 170 (564 SE2d 780) (2002).We also note that no provision of OCGA § 5-6-35 (a) relating to discretionary appeals appears to apply to the order Fitzgerald seeks to appeal. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Fitzgerald shall have ten days from the date of this order to file a notice of appeal with the trial court. If he has already filed a notice of appeal in the trial court, he need not file a second notice. See Wannamaker v. Carr, 257 Ga. 634, 635 (1) (362 SE2d 53) (1987). The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2022 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.

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