Gregory Dabney v. Wells Fargo Bank, N.A.

• Court: Court of Appeals of Georgia
• Decided: October 29, 2014
• Docket: A15D0080
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 23, 2014

The Court of Appeals hereby passes the following order:

A15D0080. GREGORY DABNEY et al. v. WELLS FARGO BANK, N.A.

Wells Fargo Bank filed a dispossessory action against Gregory Dabney in magistrate court. Following an unfavorable ruling, Dabney filed three separate appeals in the superior court. On September 22, 2014, the superior court dismissed all three appeals filed by Dabney. Ten days later, on October 2, 2014, Dabney filed this application for discretionary appeal. We, however, lack jurisdiction. Generally, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). But the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). OCGA § 44-7-56 provides that an appeal from any 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). Because OCGA § 44-7-56 requires a judgment in a dispossessory action to be appealed within seven days of the entry of the final judgment, this application is untimely. Accordingly, it is hereby DISMISSED. Court of Appeals of the State of Georgia 10/23/2014 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.