Mike Youngblood v. the Bank of New York Mellon Trust N. A.

Court of Appeals of Georgia

Mike Youngblood v. the Bank of New York Mellon Trust N. A.

DecidedNovember 19, 2014

DocketA15A0504

StatusPublished

This text of Mike Youngblood v. the Bank of New York Mellon Trust N. A. (Mike Youngblood v. the Bank of New York Mellon Trust N. A.) 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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Mike Youngblood v. the Bank of New York Mellon Trust N. A., (Ga. Ct. App. 2014).

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Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ November 04, 2014

The Court of Appeals hereby passes the following order:

A15A0504. MIKE YOUNGBLOOD v. THE BANK OF NEW YORK MELLON TRUST N. A. This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Mike Youngblood appealed the magistrate court’s decision to the superior court. On August 20, 2014, the superior court entered judgment against Youngblood, who filed a notice of direct appeal to this Court on September 10, 2014. We lack jurisdiction for two reasons. First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Youngblood 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). His 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, Youngblood filed his notice of appeal 21 days after the superior 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 11/04/2014 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.

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Court of Appeals of the State of Georgia ATLANTA,____________________ November 04, 2014

The Court of Appeals hereby passes the following order:

A15A0504. MIKE YOUNGBLOOD v. THE BANK OF NEW YORK MELLON TRUST N. A. This case originated as a dispossessory proceeding in magistrate court. Following an adverse ruling, Mike Youngblood appealed the magistrate court’s decision to the superior court. On August 20, 2014, the superior court entered judgment against Youngblood, who filed a notice of direct appeal to this Court on September 10, 2014. We lack jurisdiction for two reasons. First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Youngblood 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). His 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, Youngblood filed his notice of appeal 21 days after the superior 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 11/04/2014 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.

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