Sara D. Murray et al. v. Federal National Mortgage Association

Summary

The Georgia Court of Appeals dismissed for lack of jurisdiction an application for discretionary appeal arising from a dispossessory proceeding. The court held that the application was untimely because OCGA § 44-7-56 required an appeal from the dispossessory ruling to be filed within seven days, while the applicants filed 14 days after the order.

Holdings

1. The underlying subject matter of an appeal controls the proper appellate procedure and applicable filing deadline, rather than the particular relief sought.
2. The application was untimely because it was filed 14 days after entry of the order sought to be appealed, exceeding the seven-day period applicable to dispossessory proceedings.

Questions Presented

1. Whether the discretionary appeal application was timely when the underlying case was a dispossessory proceeding subject to the seven-day appeal period in OCGA § 44-7-56.
2. Whether the Court of Appeals had jurisdiction to consider an application filed 14 days after entry of the challenged dispossessory order.

Disposition

dismissed