Moya Sinkfield v. Evergreen Park Owner, LLC

• Court: Court of Appeals of Georgia
• Decided: September 19, 2023
• Docket: A24A0275
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 19, 2023

The Court of Appeals hereby passes the following order:

A24A0275. MOYA SINKFIELD v. EVERGREEN PARK OWNER, LLC.

In this dispossessory proceeding, the state court granted Evergreen Park Owner, LLC a writ of possession against Moya Sinkfield. The state court initially entered the writ of possession on August 3, 2023 and re-entered the writ on August 9, 2023. On August 24, 2023, Sinkfield filed a notice of appeal. We, however, lack jurisdiction. Under OCGA § 44-7-56 (b) (1) appeals in dispossessory actions must be filed within seven days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521, 522-523 (521 SE2d 456) (1999). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Id. at 523. Sinkfield filed a notice of appeal 15 days after the issuance of the August 9 writ and 21 days after the issuance of the August 3 writ. Accordingly, this appeal is untimely and is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/19/2023 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.