Background
This dispossessory action began in magistrate court. After an adverse ruling, Brookhaven Mountain Retreat, LLC and the other applicants petitioned the superior court for review.
On June 26, 2026, the superior court dismissed the petition because the applicants had not paid rent into the court registry and issued a writ of possession. The applicants filed an application for discretionary review in the Court of Appeals on July 28, 2026.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. Under OCGA § 44-7-56(b)(1), appeals in dispossessory actions, including applications for discretionary review, must be filed within seven days after entry of judgment.
The application was filed 32 days after the superior court’s order, making it untimely. Because the filing deadline is jurisdictional, the court could not consider the application.
Key Takeaways
- Dispossessory appeals and discretionary-review applications must be filed within seven days of judgment.
- The deadline is jurisdictional and cannot be excused by the Court of Appeals.
- Failure to timely file requires dismissal without reaching the merits.
Why It Matters
The order underscores the unusually short appellate deadline in Georgia dispossessory litigation. Parties seeking review of a superior-court dispossessory ruling must act within seven days or lose appellate jurisdiction.