Michael L. Robinson v. Deutsche Bank National Trust Co., as Trustee...series 2004-R11

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 23, 2014

The Court of Appeals hereby passes the following order:

A14D0301. MICHAEL L. ROBINSON et al. v. DEUTSCHE BANK NATIONAL TRUST COMPANY.

This case originated as a dispossessory proceeding in magistrate court. After

the magistrate court ruled in favor of the plaintiff, defendants Michael L. Robinson

et al. appealed to superior court. On March 18, 2014, the superior court issued a writ

of possession in favor of the plaintiff. On March 27, 2014, Robinson filed this

application for discretionary appeal.1 We lack jurisdiction because the application is

untimely.

Although an application for discretionary 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

1 Robinson attempted to file his application earlier, but it could not be accepted for filing because the certificate of service was incomplete. 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, Robinson filed his application nine

days after the superior court’s order was entered. Accordingly, it is untimely, and it

is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 04/23/2014 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.