ELANA COOPER v. PPF AMLI OAK VALLEY ROAD LLC D/B/A AMLI LENOX

• Court: Court of Appeals of Georgia
• Decided: August 13, 2024
• Docket: A25D0012
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 13, 2024

The Court of Appeals hereby passes the following order:

A25D0012. ELANA COOPER v. PPF AMLI OAK VALLEY ROAD LLC d/b/a AMLI LENOX.

In this dispossessory proceeding, the state court entered a final judgment awarding the plaintiff $31,455.49 plus interest and other costs, following the prior grant of a writ of possession to the plaintiff. Defendant Elana Cooper then filed a timely application for discretionary review in the Supreme Court of Georgia, which transferred the matter to this Court. Cooper v. PPF AMLI Oak Valley Road, Case No. S24D1230 (July 11, 2024). No discretionary application is required, however, as a final judgment is directly appealable under OCGA § 5-6-34 (a) (1), and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35 (a). Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. See City of Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this application is hereby GRANTED. Cooper shall have ten days from the date of this order to file a notice of appeal in the state court. See OCGA § 5-6-35 (g). If Cooper has already filed a notice of appeal in the state court, then she need not file a second notice. The clerk of the state 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,____________________ 08/13/2024 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.