Erma Jean Williams et al. v. American Homes 4 Rent Properties Eight LLC

Summary

The Georgia Court of Appeals dismissed as untimely a discretionary appeal arising from a dispossessory action. The court held that the appeal was governed by the seven-day filing period for dispossessory judgments under OCGA § 44-7-56, rather than the generally applicable 30-day period for discretionary appeals.

Holdings

1. The underlying subject matter of an appeal controls the proper appellate procedure, regardless of the particular relief sought. Because this was a dispossessory matter, the appeal was required to be filed within seven days of entry of the judgment.

Questions Presented

1. Whether the application for discretionary appeal was governed by the thirty-day deadline for discretionary appeals or the seven-day deadline for appeals from dispossessory judgments.
2. Whether the discretionary appeal application, filed fifteen days after entry of the challenged order, was timely.

Disposition

dismissed