Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc.

Court of Appeals of Georgia

Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc.

DecidedJanuary 25, 2021

DocketA21A0872

StatusPublished

This text of Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc. (Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc.) 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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Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc., (Ga. Ct. App. 2021).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 22, 2021

The Court of Appeals hereby passes the following order:

A21A0872. POVERTY DESTROYED FOREVER, LLC v. VISIO FINANCIAL SERVICES, INC.

This case originated as a dispossessory action in magistrate court and was transferred to state court due to a pending counterclaim. Visio Financial Services, Inc. filed a motion to compel payment of rent, which the trial court granted on October 15, 2020. On that same day, the trial also entered a writ of possession against Poverty Destroyed Forever, LLC (“the defendant”). On November 10, 2020, the defendant filed the instant notice of appeal, challenging the order entered on October 15, 2020, but the specific order challenged was not specified in the notice of appeal. In any event, we lack jurisdiction. This appeal is untimely. Although a notice of appeal generally must 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 action. 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, 522 (521 SE2d 456) (1999). Here, we lack jurisdiction because the defendant filed its notice of appeal 26 days after entry of the state court order it wishes to appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/22/2021 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,____________________ January 22, 2021

The Court of Appeals hereby passes the following order:

A21A0872. POVERTY DESTROYED FOREVER, LLC v. VISIO FINANCIAL SERVICES, INC.

This case originated as a dispossessory action in magistrate court and was transferred to state court due to a pending counterclaim. Visio Financial Services, Inc. filed a motion to compel payment of rent, which the trial court granted on October 15, 2020. On that same day, the trial also entered a writ of possession against Poverty Destroyed Forever, LLC (“the defendant”). On November 10, 2020, the defendant filed the instant notice of appeal, challenging the order entered on October 15, 2020, but the specific order challenged was not specified in the notice of appeal. In any event, we lack jurisdiction. This appeal is untimely. Although a notice of appeal generally must 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 action. 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, 522 (521 SE2d 456) (1999). Here, we lack jurisdiction because the defendant filed its notice of appeal 26 days after entry of the state court order it wishes to appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/22/2021 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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Poverty Destroyed Forever, LLC v. Visio Financial Services, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/poverty-destroyed-forever-llc-v-visio-financial-services-inc-gactapp-2021.

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